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ELEMENTS 


OF 


CIVIL GOVERNMENT 


A TEXT-BOOK FOR USE IN PUBLIC SCHOOLS 
HIGH SCHOOLS AND NORMAL SCHOOLS 

AND 


A MANUAL OF REFERENCE FOR TEACHERS 


BY 


ALEX. L. PETERMAN 

• • 

LATB PRINCIPAL AND PROFESSOR OF CIVIL GOVERNMENT IN THE NORMAL 
SCHOOL OF THE KENTUCKY STATE COLLEGE, AND MEMBER 
OF THE KENTUCKY STATE SENATE 



NEW YORK CINCINNATI CHICAGO 

AMERICAN BOOK COMPANY 








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Copyright, 1891, 1903, by 

AMERICAN BOOK COMPANY 



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E-P 48 


DEDICATION 


To the thousands of devoted Teachers in every part of the land, 
who are training the boys and girls of to-day to a true conception of 
American citizenship, and to a deeper love for our whole country^ 
this little book is dedicated bv a Brother in the work. 







PREFACE. 


This text-book begins “ at home.” The starting, 
point is the family, the first form of government 
with which the child comes in contact. As his 
acquaintance with rightful authority increases, the 
school, the civil district, the township, the county, 
the State, and the United States are taken up in 
their order. 

The book is especially intended for use in the 
public schools. The plan is the simplest yet devised, 
and is, therefore, well adapted to public school pur¬ 
poses. It has been used by the author for many 
years, in public schools, normal schools, and teach¬ 
ers’ institutes. It carefully and logically follows the 
much praised and much neglected synthetic method. 
All students of the science of teaching agree that 
beginners in the study of government should com¬ 
mence with the known, and gradually proceed to the 
unknown. Yet it is believed this is the first text¬ 
book that closely follows this method of treating the 
subject. 

The constant aim has been to present the subject 
in a simple and attractive way, in accordance with 
sound principles of teaching—^that children may grow 
into such a knowledge of their government that the 
welfare of the country may “ come home to the busi¬ 
ness and bosoms ” of the people. 

The recent increase of interest among the people 

( 5 ) 



6 


PREFACE. 


upon the subject of government is a hopeful sign. 
It will lead to a better knowledge of our political 
institutions, and hence give us better citizens. 
Good citizenship is impossible unless the people 
understand the government under which they live. 

It is certainly strange that every State in the 
Union maintains a system of public schools for the 
purpose of training citizens, and that the course of 
study in so many States omits civil government, the 
science of citizenship. 

The author’s special thanks are due Hon. Joseph 
Desha Pickett, Ph.D., Superintendent of Public In¬ 
struction of Kentucky, for the suggestion which led 
to the preparation of the work and for excellent 
thoughts upon the plan. The author also desires to 
confess his obligation to President James K. Patter¬ 
son, Ph.D., and Professor R. N. Roark, A.M., of the 
Kentucky State College, Lexington, for valuable sug¬ 
gestions as to the method of treatment and the 
scope of the book. 

The author has derived much assistance from the 
many admirable works upon the same subject, now 
before the country. But he has not hesitated to 
adopt a treatment different from theirs when it has 
been deemed advisable. He submits his work to a 
discriminating public, with the hope that he has not 
labored in vain in a field in which so many have 
wrought. 


ALEX. L. PETERMAN. 


A FEW WORDS TO TEACHERS. 


I. Purpose of the Study.— Every school should 
teach, and every child should study, the principles of 
our government, in order: 

1. That by knowing his country better he may 
learn to love it more. The first duty of the 
school is to teach its pupils to love “ God, home, 
and native land.” 

2. That the child may learn that there is such a 
thing as just authority; that obedience to it is 
right and manly; that we must learn to govern 
by first learning to obey. 

3. That he may know his rights as a citizen, and, 
“ knowing, dare maintain ; ” that he may also 
know his duties as a citizen, and, knowing, may 
perform them intelligently and honestly. 

4. That he may understand the sacredness of the 
right of suffrage, and aid in securing honest elec¬ 
tions and honest discharge of official duties. 

5. That he may better understand the history of 
his country, for the history of the United States 
is largely the history of our political institutions. 

2. Oral Instruction. —There is no child in your 
school too young to learn something of geography, 
of history, and of civil government. 

These three subjects are so closely related that it 
is easier and better to teach them together. All 

( 7 ) 



8 


A FEW WORDS TO TEACHERS. 


pupils not prepared for the text-book should, at least 
oh alternate days, be instructed by the teacher in a 
series of familiar talks, beginning with “ The Family,” 
and proceeding slowly to “ The School,” “ The Civil 
District or Township,” “The County,” “ The State,” 
and “The United States.” In this system of oral 
instruction, which is the best possible preparation 
for the formal study of civil government, the plan 
and outlines of this book may be used by the teacher 
with both profit and pleasure. 

3. Proper Age for Study of the Text-book. —The 
plan and the style of this book are so simple that the 
subject will be readily understood by pupils reading 
in the “ Fourth Reader.” Even in our ungraded 
country schools the average pupil of twelve years is 
well prepared to begin the study of the text-book in 
civil government. It is a serious mistake to post¬ 
pone this much neglected subject until a later age. 
Let it be introduced early, that the child’s knowledge 
of his government may “ grow with his growth, and 
strengthen with his strength.” 

4. Two Parts. —It will be observed that the book 
is divided into two parts * the former treating the 
subject concretely, the latter treating it abstractly. 

Beginners should deal with things, not theories; 
hence, the abstract treatment of civil government is 
deferred until the pupil’s mind is able to grasp it. 

For the same reason, definitions in the first part of 
the book are few and simple, the design of the author 
being to illustrate rather than to define; to lead the 
child to see, rather than to burden his mind with fine¬ 
spun statements that serve only to confuse. In an 


9 


A FEW WORDS TO TEACHERS. 

elaborate work for advanced students the method of 
treatment would, of course, be quite different. 

5. Topical Method. —The subject of each para¬ 
graph is printed in bold-faced type, thus specially 
adapting the book to the topical method of recita¬ 
tion. This feature also serves as a guide to the pupil 
in the preparation of his lesson. 

6. Suggestive Questions. —In deference to the 
best professional thought, the author has omitted all 
questions upoh the text, knowing that every live 
teacher prefers to frame his own questions. The 
space usually allotted to questions upon the text is 
devoted to suggestive questions, intended to lead the 
pupil to think and to investigate for himself. 

The author sincerely hopes that the teacher will 
not permit the pupil to memorize the language of 
the book, but encourage him to express the thought 
in his own words. 



CONTENTS 


CHAPTER I. 

THE FAMILY. 

PAO® 

Introductory—Definition—Purposes — Members — Rights — Du- 
ties-Officers—Powers—Duties—Responsibility—Suggestive 

Questions. 

CHAPTER II. 

THE SCHOOL AND SCHOOL DISTRICT. 

Introductory—Definition and Purposes—Formation—Functions 

—Members—Children—Rights—Duties — Parents — Rights 

and Duties—Government—Ofiicers—Appointment—Duties 
—Teacher—Powers—Duties—Suggestive Questions . . , 21 

CHAPTER III. 

THE CIVIL DISTRICT. 

Introductory—Civil Unit Defined—General Classes—Civil Dis¬ 
trict — Number—Size — Purposes—Government—Citizens— 
Rights—Duties—Officers—Justice of the Peace—Election— 
Term of Office—Duties—Constable—Election—Term of 
' Office — Duties — Suggestive Questions .27 

CHAPTER IV. 

THE TOWNSHIP, OR TOWN. 

Introductory—Formation—Number—Size — Purposes — Citizens 
—Rights—Duties—Government—Corporate Power— Officers 
—Legislative Department — People — Trustees—Executive 
Department—Clerk—Treasurer—School Directors—Assess¬ 
ors—Supervisors—Constables—Other Officers—Judicial De¬ 
partment—Justices—Suggestive Questions. 37 


(II) 






12 


CONTENTS. 


CHAPTER V. 

THE COUNTY. 

PAGE 

Introductory—Purposes—Formation—Area—County Seat—Gov¬ 
ernment—Corporate Power—Departments—Officers— Legis¬ 
lative Department—County Commissioners, or Board of 
Supervisors—Executive Department—County Attorney, or 
Prosecuting Attorney—County Superintendent of Schools— 
Sheriff—Treasurer—Auditor—County Clerk, or Common 
Pleas Clerk—Recorder, or Register—Surveyor—Coroner— 
Other Officers—Judicial Department—County Judge, or 
Probate Judge—Suggestive Questions. 48 

CHAPTER VI. 

MUNICIPAL CORPORATIONS—VILLAGES, BOROUGHS, AND CITIES. 

The Village or Borough—Incorporation—Government—Officers— 
Duties—The City—Incorporation—Wards—City Institutions 
—Finances—Citizens—Rights and Duties—Government— 
Officers—Duties—Suggestive Questions.56 

CHAPTER VII. 

THE STATE. 

Introductory—Definition—Formation of Original States—Ad¬ 
mission of New States—Purposes—Functions—Institutions 
—Citizens—Rights—Duties—Constitution—Formation and 
Adoption—Purposes—Value—Contents—Bill of Rights— 
Suggestive Questions. 64 

CHAPTER VIII. 

THE XT'S.—{Continued). 

Government Departments—Legislative Department—Qualifica¬ 
tions — Privileges —Power—Sessions— Functions—Forbid¬ 
den Powers—The Senate—House of Representatives—Sug¬ 
gestive Questions.77 






CONTENTS. 


*3 


CHAPTER IX. 


THE STATE— 

MCB 

Executive Department — Governor — Term — Qualifications — 
Powers—Duties—Lieutenant-Governor—Secretary of State 
—Auditor—Comptroller— Treasurer— Attorney-General— 
Superintendent of Public Instruction—Other Officers—Sug¬ 
gestive Questions.84 


CHAPTER X. 

THE STATE— {Continued'). 

Judicial Department — Purposes — Supreme Court — District, or 
Circuit Court—Territories—Executive Department—Legis¬ 
lative Department—Judicial Department—Representation in 
Congress—Laws—Local Affairs—Purposes—Arizona—New 
Mexico—Oklahoma—Alaska—Indian Territory—District of 
Columbia—Suggestive Questions.92 

CHAPTER XI. 

THE UNITED STATES. 

Introductory—Eormation—Form of Government—Purposes— 
Functions — Citizens — Naturalization — Rights—Aliens — 
Constitution — Formation — Necessity — Amendment —De¬ 
partments—Suggestive Questions . ..,98 

CHAPTER XII. 

THE UNITED STATES— {Continued). 

L.egislative Department—Congress—Privileges of the Houses— 
Privileges and Disabilities of Members—Powers of Con¬ 
gress—Forbidden Powers—Senate—House of Representa¬ 
tives—The Speaker—Other Officers—Suggestive Questions . no 

CHAPTER XIIL 
THE UNITED STATES— {Continued). 

Executive Department—President—Qualifications—Election— 
Inauguration—Official Residence—Dignity and Responsibil- 





14 


CONTENTS. 


PAGE 

ity—Messages—Duties and Powers—Cabinet:-Department 
of State—Diplomatic Service—Consular Service—Treasury 
Department—Bureaus—War Department—Bureaus—Mili¬ 
tary Academy—Navy Department—Bureaus—Naval Acad¬ 
emy—Post-Office Department—Bureaus—Interior Depart¬ 
ment—Bureaus—Department of Justice—of Agriculture—of 
Commerce and Labor—Suggestive Questions 125 

CHAPTER XIV. 

THE UNITED STATES — {Continued), 

fudicial Department—Jurisdiction of U. S. Courts—Supreme 
Court of the United States—Jurisdiction—Dignity—United 
States Circuit Courts of Appeals—United States Circuit 
Court—United States District Court—Court of Claims— 
Other Courts—Term of Service—Officers of Courts—Sug¬ 
gestive Questions. 149 


CHAPTER XV. 

GOVERNMENT. 

Origin and Necessity—For the People—Kinds—Forms of 
Civil Government—Monarchy—Aristocracy—Demooracy— 
Suggestive Questions.157 

CHAPTER XVI. 

JUSTICE. 

Rights and Duties—Relation of Rights and Duties—Civil Rights 
and Duties—Industrial Rights and Duties—Social Rights 
and Duties—Moral Rights and Duties—Political Rights and 
Duties—Suggestive Questions.163 

CHAPTER XVII. 

LAW AND LIBERTY. 

Origin—Kinds of Law—Courts—Suits—Judges—Grand Jury— 
Trial Jury—Origin of Juries—Officers of Courts—Legal 
Proceedings—Suggestive Questions.169 







CONTENTS. 


15 


CHAPTER XVIII. 


SUFFRAGE AND ELECTIONS. 


PAGH 

Suffrage—Importance—Elections—Methods of Voting—Officers 

of Elections—Bribery—Suggestive Questions ..... 175 


CHAPTER XIX. 

THE AUSTRALIAN BALLOT SYSTEM. 

Origin—In the United States—Principles—Requirements—Vot¬ 
ing— Advantages—Forms of Ballots—In Louisville — In 
Massachusetts—In Indiana—Suggestive Questions . . .179 


CHAPTER XX. 

0 

PARTIES AND PARTY MACHINERY. 

Origin — Necessity — Party Machinery — Committees—Conven¬ 
tions—Calling Conventions—Local and State Conventions— 
National Convention — Platform — Nominations — Primary 
Elections—Caucuses—Suggestive Questions ...... 189 


CHAPTER XXL 

LEGISLATION. 

Bills—Introduction—Committees—Reports—Amendments—Pas¬ 
sage—Suggestive Questions • 197 


CHAPTER XXII. 

REVENUE AND TAXATION. 

Revenue—Taxation—Necessity of Taxation—Direct Taxes—In¬ 
direct Taxes—Customs or Duties—Internal Revenue—Sug¬ 


gestive Questions.. . . 203 

Constitution of the United States.205 

Index ..219 













ELEMENTS 


OF 

CIVIL GOVERNMENT. 


PART I. 

CHAPTER 1 . 

THE FAMILY. 

Introductory.* — People living in the United 
States owe respect and obedience to not less than 
four different governments; that is, to four forms of 
organized authority. They have duties as citizens 
of a township or civil district, as citizens of a county, 
as citizens of some one of the States, and as citizens 
of the United States. All persons are, or have been, 
members of a family; some also live under a village 
or city government; and most children are subject 

* To THE Teacher. —Do not assign to the average class more 
than two or three pages of the text as a lesson. Make haste slowly. 
When each chapter is completed let it be reviewed at once, while the 
pupil’s interest is fresh. 

See that the ‘ ‘ Suggestive Questions ” at the end of the chapter are 
not neglected. If necessary, devote special lessons to their considera¬ 
tion. Assign the “questions” to the members of the class, to be 
answered on the following day, giving not more than two “ ques- 
ions ” to any pupil. 

Pet. C. Go.—3 i'i?) 




i8 


THE FAMILY, 


to the government of some school. Many people in 
this country live under six governments—namely, the 
family, the township or civil district, the village or 
city, the county, the State, and the United States; 
while children who live in villages or cities, and 
attend school, are subject to seven different govern¬ 
ments. These organizations are so closely related 
that the duties of the people as citizens of one do 
not conflict with their duties as citizens of the others. 
The better citizen a person is of one of these gov¬ 
ernments the better citizen he is of all governments 
under which he lives. 

Definition.—Each of us is a member of some fam¬ 
ily. We were born into the family circle, and our 
parents first taught us to obey. By insisting upon 
obedience, parents govern their children, and thus 
keep them from evil and from danger. The family, 
then, is a form of government, established for the 
good of the children themselves, and the first gov¬ 
ernment that each of us must obey. 

Purposes.—The family exists for the rearing and 
training of children, and for the happiness and pros¬ 
perity of parents. All children need the comforts 
and restraints of home life. They are growing up to 
be citizens and rulers of the country, and should 
learn to rule by first learning to obey. The lessons 
of home prepare them for life and for citizenship. 

MEMBERS. 

The members of the family are the father, the 
mother, and the children , and the family govern¬ 
ment exists for all, especially for the children, that 


OFFICERS. 


19 


they may be protected, guided, and taught to be¬ 
come useful men and women. The welfare of each 
and of all depends upon the family government, 
upon the care of the parents and the obedience of 
the children. 

Rights.—The members have certain rights; that 
is, certain just claims upon the family. Each has a 
right to all the care and protection that the family 
can give: a right to be kindly treated; a right to be 
spoken to in a polite manner; a right to food, cloth¬ 
ing, shelter, and an opportunity to acquire an educa¬ 
tion ; a right to the advice and warning of the older 
members; a right to the respect of all. 

Duties.—As each of the members has his rights, 
each also has his duties; for where a right exists, a 
duty always exists with it. It is the duty of each to 
treat the others kindly; to teach them what is right 
and what is wrong; to aid them in their work; to 
comfort them in their sorrows; and to rejoice with 
them in their gladness. It is the duty of the children 
to love their parents ; to obey them in all things; to 
respect older persons; and to abstain from bad habits 
and bad language. 


OFFICERS. 

The officers of the family government are the 
father and the mother. They were made officers 
when they were married, so that the rulers of the 
family are also members of the family. The office of 
a parent is a holy office, and requires wisdom for the 
proper discharge of its duties. 

Powers. —The parents have power to make rules, 


20 


FHE FAMILY, 


to decide when these have been broken, and to insist 
that they shall be obeyed. They make the law of 
the family, enforce the law, and explain the law. 
They have supreme control over their children in all 
the usual affairs of life, until the children arrive at 
the legal age—twenty-one years. 

Duties, Responsibility. —Parents should be firm 
and just in their rulings; they should study the wel¬ 
fare of their children, and use every effort to train 
them to lives of usefulness and honor. It is the 
duty of parents to provide their children with food, 
clothing, shelter, and the means of acquiring an edu¬ 
cation. There is no other responsibility so great as 
the responsibility of fathers and mothers. They are 
responsible for themselves, and the law makes them 
partly responsible for the conduct of their children. 
Therefore, one of the highest duties of a parent to 
his children is to exa.ct obedience in all right things, 
in order that the children may be trained to true 
manhood and womanhood. 

SUGGESTIVE QUESTIONS. 

1. Name some of the restraints of home life. 

2. Why does the welfare of all depend upon the family gov¬ 
ernment ? 

3. Why do rights and duties always exist together ? 

4. Name some bad habits. 

5. Why should children abstain from bad habits ? 

6. What is true manhood ? 

7. Are disobedient children apt to make good citizens > 

8. Should a father permit his bad habits to be adopted by 
his children ? 


CHAPTER II. 


THE SCHOOL. 

Introductory. —When children reach the age of 
six or seven years, they enter the public school and 
become subject to its rules. We are born under 
government, and we are educated under it. We are 
under it at home, in school, and in after life. Law 
and order are everywhere necessary to the peace, 
safety, liberty, and happiness of the people. True 
liberty and true enlightenment can not exist unless 
regulated by law. 

Definition and Purposes. —A school district or 
sub-district is a certain portion of the town or county 
laid off and set apart for the purpose of establish¬ 
ing and maintaining a public school. It exists for 
educational reasons only, and is the unit of educa¬ 
tional work. The public schools are supported by 
funds raised partly by the State, and partly by the 
county or the township. They are frequently called 
common schools or free schools. It is the duty of 
the State to provide all children with the means of 
acquiring a plain English education, and the State 
discharges this duty by dividing the county into dis¬ 
tricts of such size that a school-house and a public 
school are within reach of every child. 

Formation. —The limits of the school district are 
usually fixed by the chief school officer of the coun¬ 
ty, by the town, by the school board, or by the peo- 

(If. \ 


22 


THE SCHOOL. 


pie living in the neighborhood. In most of the 
States districts vary greatly in size and shape; but 
in some of the States they have a regular form, each 
being about two miles square. 

Functions.—The functions, or work, of the school 
are solely educational. The State supports a system 
of public schools in order that the masses of the 
people may be educated. The country needs good 
citizens: to be good citizens the people must be 
intelligent, and to be intelligent they must attend 
school. 


MEMBERS. 

The members of the school district are the peo¬ 
ple living in it. All are interested, one way or an¬ 
other, in the success of the school. In most States 
the legal voters elect the school board, or trustees, 
and in some States levy the district school taxes.. 
Those who are neither voters nor within the school 
age are interested in the intelligence and good name 
of the community, and are therefore interested in 
the public school. 

Children.—The children within the school age are 
the members of the school, and they are the most 
important members of the school district. It is for 
their good that the school exists. The State has 
provided schools in Order that its children may be 
educated, and thus become useful men and women 
and good citizens. 

Rights •—Children, as members of the school, have 
important rights and duties. It is the right, one of 
the highest rights, of every child to attend the full 


GOVEIiNMEI^T. 


n 

session of the public school. Whoever prevents 
him from exercising this right commits an offense 
against the child and against the State. The State 
taxes its citizens to maintain a system of schools for 
the benefit of every child, and so every child has a 
right to all the State has provided for him.* 

Duties.—As it is the right, it is also the duty of 
all children to attend the full session of the public 
school, or of some other equally as good. They 
should be regular and punctual in their attendance; 
they should yield prompt and cheerful obedience to 
the school government, and try to avail themselves 
of all advantages that the school can give. As it is 
the duty of the State to offer a plain English educa¬ 
tion to every child, so it is the duty of all children to 
make the most of all means the State has provided 
for their education. 

Parents, their Rights and Duties.—All parents 
have the right to send their children to the public 
school, and it is also their duty to patronize the pub¬ 
lic school, or some other equally as good. Fathers 
and mothers who deprive their children of the oppor¬ 
tunities of acquiring an education do them lasting 
injury. Parents should use every effort to give their 
children at least the best education that can be ob 
tained in the public schools. 

GOVERNMENT. 

The school has rules to govern it, that the pupil 
may be guided, directed, and protected in the pur. 
suit of knowledge. Schools can not work without 
order, and there can be no order without govern 


THE SCHOOL^ 


ment. The members of the school desire that good 
order be maintained, for they know their success de¬ 
pends upon it; so that school government, like all 
other good government, exists by the consent and 
for the good of the governed. 

Officers.—The school, like all other governments, 
has its officers. These are the school board, or trus¬ 
tees, and the teacher. They are responsible for the 
government and good conduct of the school. There 
are, in most governments, three kinds of officers, 
corresponding to the three departments of govern¬ 
ment—the legislative, the judicial, and the executive. 
The legislative department of the government makes 
the laws, the judicial department explains them, and 
the executive department executes them. School 
officers are mostly executive; that is, their chief 
duties are to enforce the laws made by the legisla¬ 
ture for the government of the public schools. As 
they also make rules for the school, their duties are 
partly legislative. 

Appointment, Term of Office.—The district offi¬ 
cers are usually elected by the legal voters of the 
school district; but in some States they are appointed 
by the county superintendent, or county school com¬ 
missioner as he is often called. In most States the 
term of office is three years, but in some it is two 
years, and in others it is only one year. Directors 
receive no pay for their services. 

Duties.—In most States it is the duty of the 
district officers to raise money by levying taxes for 
the erection of school-buildings, and to superintend 
their construction; to purchase furniture and appa- 


GOVERNMENT 


25 

rat US i to care for the school property; to employ 
teachers and fix their salaries; to visit the school 
and direct its work; to take the school census; and 
to make reports to the higher school officers. In 
some States, as in Indiana, most of these duties be- 
long to the office of township trustee. 

The Teacher.—The teacher is usually employed 
by the directors or trustees, but in some States he is 
employed by the township trustee or by the county 
superintendent. He must first pass an examination 
before an examiner, or board of examiners, and obtain 
therefrom a certificate or license entitling him to 
teach in the public schools. 

Powers.—The teacher has the same power and 
right to govern the school that the parent has to 
govern the family. The law puts the teacher in the 
parent’s place and expects him to perform the parent’s 
office, subject to the action of the directors or trus« 
tees. It clothes him with all power necessary to 
govern the school, and then holds him responsible 
for its conduct, the directors having the right to dis¬ 
miss him at any time for a failure to perform his 
duty. 

Duties.—The teacher is one of our most important 
officers. The State has confided to him the trust of 
teaching, of showing boys and girls how to be useful 
men and women, of training them for citizenship. 
This is a great work to do. The State has clothed 
him with ample power for the purpose, and it is his 
duty to serve the State faithfully and well. The 
teacher should govern kindly and firmly. Every 
pupil in school, of whatever age or size, owes him 


26 


THE SCHOOL. 


cheerful and ready obedience. It is his duty, the 
duty for which he is paid, to insist upon this obedi¬ 
ence ; to govern the school; to teach the pupils to 
obey while they are children, in order that they may 
rule well when they become rulers; that is, when 
they become citizens. 

SUGGESTIVE QUESTIONS. 

1. Why are law and order necessary to the peace and hap¬ 
piness of the people ? 

2. Why are public schools sometimes called free schools or 
common schools ? 

3. About how many square miles are there in a school dis¬ 
trict in this county ? 

4. What is the official title, and what the name, of the chief 
school officer of this county? 

5. Why does the State want its people educated ? 

6. Why should children be regular and punctual in their 
attendance ? 

7. What can parents do to aid their children to acquire an 
education ? 

8. What number of directors do you think would be best 
tor the school district? Why ? 

9. Should directors receive compensation ? How much ? 

10. Why should the teacher pass an examination ? 

11. Should he be examined every year? 

12. Why does the law place the teacher in the parent’s 
place ? 

13. Why are citizens said to be rulers ? 

QUESTION FOR DEBATE. 

Resolved, That it is right for a man without children to pay 
school taxes. 


CHAPTER III. 


THE CIVIL DISTRICT 

Introductory. —In our study, thus far, we have 
had to do with special forms of government as exer¬ 
cised in the family and in the school. These are, in 
a sense, peculiar to themselves. The rights of gov¬ 
ernment as administered in the family, and the rights 
of the members of a family, as well as their duties to 
each other, are natural rights and duties; they do 
not depend upon society for their force. In fact, 
they are stronger and more binding in proportion as 
the bands of society are relaxed. 

In the primitive state, before there was organized 
civil society, family government was supreme; and, 
likewise, if a family should remove from within the 
limits of civil society and be entirely isolated, family 
government would again resume its power and bind¬ 
ing force. 

School government, while partaking of the nature 
of civil government, is still more closely allied to 
family government. In the natural state, and in 
the isolated household, the education of the child 
devolves upon the parents, and the parent delegates 
a part of his natural rights and duties to the teacher 
when he commits the education of his child to the 
common school. The teacher is said to stand in loco 
parentis (in the place of the parent), and from this 
direction, mainly, are his rights of government derived. 

im) 


28 


THE CIVIL DISTRICT. 


The school, therefore, stands in an intermediate 
position between family government and civil gov¬ 
ernment proper, partaking of some features of each, 
and forming a sort of stepping-stone for the child 
from the natural restraints of home to the more 
complex demands of civil society. The school dis¬ 
trict, also, while partaking of the nature of a civil 
institution, is in many respects to be regarded as a 
co-operative organization of the families of the neigh¬ 
borhood for the education of their children, and its 
government as a co-operative family government. 

THE CIVIL UNIT DEFINED. 

In nearly every part of the United States there is 
a unit of civil society in which the people exercise 
many of the powers of government at first hand. 
This civil unit is variously named in the different 
States, and its first organization may have been for 
some minor purpose; but it has grown to be an im¬ 
portant sphere of government in many States, and 
throughout the entire country it is the primary school 
of the citizen and the voter. 

There are many different names by which this 
civil unit is known. 

In the State of Mississippi it is called the Beat, 
and this name is no doubt derived from the original 
purpose of the organization, as the jurisdiction of a 
watchman or constable. 

In Delaware it is called the Hundred, which is the 
old English subdivision of a county, supposed to 
contain one hundred families, or one hundred men 
able to bear arms in the public service. 


THE CIVIL UNIT DEFINED, 


29 


In the New England States, in New York, and in 
Wisconsin it is called the Town, from the old Anglo- 
Saxon civil unit, which antedates the settlement of 
England by its Saxon invaders, and is probably older 
than the Christian era. 

In Arkansas, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Montana, New Jersey, the Car- 
olinas, Ohio, Pennsylvania, and parts of Illinois, Ne¬ 
braska, and the Dakotas, it is called the Township, 
only a variation of name from the “town,” and hav¬ 
ing the same origin. 

In California it is called the Judicial Township, and 
in parts of the Dakotas it is called the School Town- 
ship. 

In Alabama, Colorado, Florida, Idaho, Oregon, 
Utah, Washington, and parts of Illinois and Nebras¬ 
ka, it is called the Election Precinct, from the fact 
that it was the subdivision made for the convenience 
of voters. 

In Georgia it is called the Militia District, from 
the fact that each subdivision furnished a certain 
proportionate number of men for the militia service 
of the State. 

In Kentucky, Virginia, and West Virginia, it is 
called the Magisterial District, from the fact that it 
was constituted as the limit of the jurisdiction of a 
local magistrate. 

In Louisiana it is called the Police Jury Ward, 
perhaps for the reason that from each one of these 
subdivisions a warden was elected to administer the 
parish government. 

In Maryland and Wyoming it is called the Election 


30 


THE CIVIL DISTRICT 


District^ from the fact that it was the s-ubdivision 
made for the convenience of voters. 

In Tennessee it is called the Civil District —prob¬ 
ably, next to town ” or “ township,” the most fitting 
name for the smallest subdivision of civil govern¬ 
ment. 

In Texas it is called the Justice's Precincty as being 
the limit of a justice’s jurisdiction. 

In some of the New England States, also, districts 
which have not the entire town organization are 
provisionally called Plantations or Grants^ being sub¬ 
ject to the administration, in some local affairs, of 
other towns. 

But under whatever name the civil unit may exist, 
it is the primary seat of government. In many cases 
the original reason for the name has disappeared, 
while the character of the government has greatly 
changed, and been modified and developed from the 
first crude forms. 

Three General Classes. —As a result, there are 
at present but three general classes into which we 
need subdivide the civil unit in the various States: 
these are the Civil District^ which would include the 
“Beat,” “Hundred,” “Election Precinct,” “Militia 
District,” and numerous other classes, embracing 
about one half the States of the Union; the Town, 
which has its fullest development in the New Eng¬ 
land States ; and the Township, which in some States 
has nearly the full development of a New England 
town, while in other States it has a looser organiza¬ 
tion, approximating the civil district of the Southern 
and Southwestern States. 


THE CIVIL DISTRICT, 


31 


THE CIVIL DISTRICT, PROPER, 

We shall treat of the various forms of the civil 
unit which we have classed under the general name 
of civil district before we speak of the town and the 
township, because they are simpler and much less 
developed, and therefore naturally constitute the 
simplest form of the civil unit. 

Number, Size.—In number and size, civil dis^ 
tricts vary widely in different States and in differ¬ 
ent counties of the same State. There are rarely 
less than five or more than twelve districts to the 
county. 

Purposes.—The division of the county into dis¬ 
tricts, each with its own court of law, brings justice 
to the people’s doors. It secures officers to every 
part of the county, thus affording better means for 
the punishment of crimes. It provides a speedy 
trial for minor offences and minor suits. It aids the 
higher courts by relieving them of a multitude of 
small cases. As each district has one or more poll- 
ing-places, it secures convenience to the electors in 
casting their votes. 

Government.—The functions of the civil district 
are judicial and executive, and lie within a narrow 
range. Its government possesses no legislative or 
corporate power whatever: it can not make a single 
law, however unimportant. Within a narrow juris¬ 
diction or sphere, it applies the law to particular 
cases, and this is the chief purpose for its existence. 
Whenever the civil unit possesses more powers than 
are herein set forth, it is more properly described 


3^ 


THE CIVIL DISTRICT. 


under the township in the next chapter no matter 
what name it may go by locally 

CITIZENS. 

The citizens of the civil district ai;e the people re¬ 
siding within it. It exists for their benefit, that they 
may be secure in life, liberty, and property. In a 
certain sense they constitute the district, since its 
government concerns them directly, and others only 
remotely. 

Rights.—All citizens have a right to the full and 
equal protection of the laws Each has a right to be 
secure in his person and property; to demand that 
the peace be preserved ; to do all things according to 
his own will, provided he does not trespass upon the 
rights of others. No one in the family, in the school, 
in the civil district, in the county, in the State, or in 
the nation, has the right to do or say any thing which 
interferes with the life, liberty, property, or happiness 
of another. Any act which interferes with the rights 
of others is an offence against the common good and 
against the law. It is chiefly for the prevention and 
punishment of these unlawful acts that the civil dis¬ 
trict exists, with its court and its officers. 

All legal voters of the district have the right to 
participate in its government by exercising a free 
choice in the selection of its officers, except in States 
where these officers are appointed They have the 
right to cast their votes without fear or favor. This 
is one of the most important and sacred rights that 
freemen possess. Free government can not exist 
without it The law guarantees it, and all the power 


OFFICEJUS. 


33 


of the State may be employed to maintain it. There¬ 
fore, whoever prevents a voter from exercising the 
right of suffrage does it at his own peril. 

Duties. —As the citizens of the civil district have 
rights, they also have corresponding duties. As they 
may demand protection and the preservation of the 
peace, so it is their duty to obey the law and assist 
the officers in its enforcement, in order that the same 
protection may be extended to the whole people. 
Each should abstain from acts that injure others, and 
render cheerful aid to all in securing their rights 
through the law. 

All qualified voters have the right, and it is also 
their duty, to vote. The voters elect the officers of 
the district, and are therefore its rulers. When they 
fail to vote, they fail to rule—fail in their duty to the 
people and to themselves. The duty to vote implies 
the duty to vote right, to vote for good men and for 
good measures. Therefore, men should study their 
duty as voters, that they may elect honest, capable, 
faithful officers, and support the parties and princi¬ 
ples that will best promote the good of the country. 
Every man should study his political duty with the 
best light that he can obtain, decide what is right, 
and then vote his sentiments honestly and fearlessly. 
If the district has good government, the voters de¬ 
serve the credit; if it has bad government, the voters 
deserve the blame. 


OFFICERS. 

The officers of the district are the justices of the 
peace and the constable. In some States there is only 

Prt n Go—» 


34 


THE CIVIL DISTRICT. 


one justice to each district, in other States there are 
two, and in others there are three. 

Justice of the Peace. —The office of justice of 
the peace is one of dignity and importance. Justices 
can render great service to society by the proper 
discharge of their duties. They may have much to 
do with enforcing the law, and therefore the best 
men should be elected to this office. 

Election, Term of Office. —Justices of the peace 
are usually elected by the qualified voters of the dis¬ 
trict. In some States the governor appoints them. 
The term of office is two, three, four, or even seven 
years, varying in different States. 

Duties.—The duties of justices of the peace are 
principally judicial, and their jurisdiction extends 
throughout the county. Upon the sworn statement 
of the person making complaint, they issue warrants 
for the arrest of offenders. With the aid of juries, 
they hold court for the trial of minor offences—such 
as the breach of the peace—punishable by fine or 
brief imprisonment. They sometimes try those 
charged with higher crimes, and acquit; or, if the 
proof is sufficient, remand the accused to trial by a 
higher court. This is called an examining trial. 
They try civil suits where the amount involved does 
not exceed a fixed amount—fifty dollars in some 
States, and one hundred dollars in others—and pre¬ 
vent crime by requiring reckless persons to give 
security to keep the peace. Justices sometimes pre¬ 
side, instead of the coroner, at inquests, and in some 
States they have important duties as officers of the 
county. 


SUGGESTIVE QUESTIONS. 


35 


Constable, Election, Term of Office. —There is 
usually one constable—in some States more—in each 
civil district. Constables, like the justices, are elected 
in most States; but in some they are appointed. 
The term of office is usually the same as that of the 
justice in the same State. 

Duties. —The constable is termed a ministerial 
officer because it is his duty to minister to, or wait 
upon, the justice’s court. He serves warrants, writs, 
and other processes of the justice, and sometimes 
those of higher courts. He preserves the public 
peace, makes arrests for its violation, and in some 
States collects the taxes apportioned to his civil dis¬ 
trict. 


SUGGESTIVE QUESTIONS. 

1. In what respect does civil government differ from family 
or school government ? 

2. Why does the government of the civil district concern 
its people directly and others remotely ? 

3. What is meant by the civil unit ? By what names is it 
known in the various States ? 

4. What are the three general classes under which the civil 
unit may be considered ? 

5. Why can not free government exist without the right to 
vote ? 

6. Why should the people try to secure their rights through 
the law ? 

7. What is the purpose of the subdivision of a county into 
districts ? 

8. Define in general terms the rights and duties of the citi¬ 
zens of civil districts. 

9. By what other names are justices of the peace sometimes 
called ? 

10. Why is the jurisdiction of a justice’s court limited? 


36 the civil district. 

11. Who are the justices of this civil district.? 

12. When elected, and what is their term of office ? 

13. Who is constable of this district.? 

QUESTION FOR DEBATE. 

Resolved, That the government of the civil district should 
have a legislative department. 


CHAPTER IV. 


THE TOWNSHIP OR TOWN. 

Introductory. —We have learned that in the South¬ 
ern States the civil unit under various names may be 
described under the common name of the civil dis¬ 
trict; that in the New England States it is called 
the town, and in many of the Western States it is 
known as the township. As the powers and func¬ 
tions of the town and the township are the same in 
kind, differing only in extent, and as the two names 
are so often used, the one for the other, we shall 
consider both under the head of the township. 

As a rule, the township possesses more extensive 
governmental functions in the Eastern than in the 
Western States, and in the West it possesses func¬ 
tions much more extensive than those of the civil 
district in the South. Many of the most important 
powers that belong to the county in the Southern 
States belong to the township in the Eastern and 
the Western States. 

Formation. —In the Eastern States the townships 
were formed in the first settlement of the country, 
and afterward a number of townships were combined 
to form the county. In the Western States the town¬ 
ships were surveyed, and their boundaries marked, 
by agents of the general government, before the Ter¬ 
ritories became States of the Union. As a natural 
result, the townships of the Eastern States are irreg- 

^ 37 ) 


38 


THE TOWNSHIP OR TOWN, 


ular in shape and size, while those of the Western 
States have a regular form, each being about six 
miles square. In the Western States the township 
is usually composed of thirty-six sections, each sec¬ 
tion being one mile square, and containing six hun¬ 
dred and forty acres of land. 

Purposes.—It is an old and true maxim that 
government should be brought as near the people as 
possible. This the township system does. In our 
country all power resides in the people, and the 
township provides a convenient means of ascertain¬ 
ing their wishes and of executing their will. The 
farther away the government, the less will be the 
people’s power; the nearer the government, the 
greater will be the people’s power. The township 
system enables each community to attend to its own 
local affairs—a work which no other agency can do so 
well—to remove readily and speedily its local public 
grievances, and to obtain readily and speedily its 
local public needs. 


CITIZENS. 

The citizens of the township are the people living 
in it, whether native or foreigners who have become 
citizens. It exists for their benefit, to afford them 
a means of securing their rights and of redressing 
their wrongs. It is these persons that the law has 
in view when setting forth the privileges and immu¬ 
nities of citizenship. 

Rights.—All citizens of the township are entitled 
to enjoy the rights of “ life, liberty, property, and 
the pursuit of happiness.” The township govern- 


CITIZENS. 


69 


merit exists for the purpose of securing these rights 
to the people. All have equal claims to the fullest 
protection of the law. They may use their own 
property as they choose, and do whatever pleases 
them, so long as they do not interfere with the rights 
of others. Whenever one’s act, speech, or property 
interferes with the rights of others, he falls under 
the censure of the law and becomes subject to its 
penalty. 

All male inhabitants born in the United States, 
and foreigners who have become citizens, who have 
resided within the State, county, and township the 
time required by law, are entitled to vote at all 
township, county, state, and national elections. Sev¬ 
eral States require the payment of poll-tax as a qual¬ 
ification to vote; others permit the subjects of for¬ 
eign countries to vote; and in a few States, women 
are permitted to vote in municipal elections. Luna¬ 
tics, idiots, paupers, and persons convicted of certain 
high crimes are disfranchised; that is, are not per¬ 
mitted to vote. The right of suffrage is one of great 
power and value, being the basis of all free govern¬ 
ment, and is jealously guarded by the laws of the 
land. 

Duties.—The people have extensive rights and 
they have equally extensive duties. Each citizen 
has rights that others must respect. It is the duty 
of each to observe and regard the rights of all other 
persons; and when he does not, the law interferes by 
its officers and deprives him of his own rights by 
fine or imprisonment, and in some instances by a still 
more severe penalty. It is the duty of the people to 


40 


THE TOWNSHIP OR TOWN. 


love and serve the country; to be good citizens; 
to labor for the public good ; to obey the law, and to 
assist the officers in its enforcement. 

It is the duty of the qualified voters to give the 
township good government by electing good officers. 
A vote cast for a bad man or a bad measure is an 
attack upon the rights of every person in the com¬ 
munity. The power of suffrage is held for the pub¬ 
lic good; but it is used for the public injury when 
incompetent or unfaithful men are elected to office. 
Good government and the happiness and prosperity 
of the country depend upon an honest and intelli¬ 
gent vote. 


GOVERNMENT. 

The township government possesses legislative, 
judicial, and executive functions. It has a legislative 
department to make local laws, a judicial department 
to apply the laws to particular cases, and an execu¬ 
tive department to enforce these and other laws. 
The three functions are of nearly equal prominence 
in the Eastern States, but in the West the executive 
function is more prominent than the legislative and 
the judicial. 

Corporate Power. —Each township is a corpora¬ 
tion ; that is, in any business affair it may act as a 
single person. In its corporate capacity it can sue 
and be sued; borrow money; buy, rent, and sell 
property for public purposes. When it is said that 
the township possesses these powers, it is meant that 
the people of the township, acting as a single polit¬ 
ical body, possess them. 


LEGISLATIVE DEPARTMENT 


4t 

Officers. —The officers of the township are more 
numerous, and their functions are more extensive 
than those of the civil district. Many officers are 
the same in name, and others have the same duties 
as those of the county in the Southern States. 

Legislative Department; the People.—In the 
Eastern States the legislative department of the 
township government has more extensive functions 
than in the West. In the New England States most 
local affairs belong to the township government, and 
the county is of minor importance. In these and 
a few other States the people make their own local 
laws instead of delegating this power to representa¬ 
tives. The electors of the township meet annually 
at a fixed place, upon a day appointed by law, dis¬ 
cuss questions of public concern, elect the township 
officers, levy township taxes, make appropriations of 
money for public purposes, fix the salaries and hear 
the reports of officers, and decide upon a course of 
action for the coming year. Thus the people them¬ 
selves, or more strictly speaking, the qualified voters, 
are the government. In some States special town 
meetings may be called for special purposes. The 
town meeting places local public affairs under the 
direct control of the people, and thus gives them a 
personal interest in the government, and makes theni 
feel a personal responsibility for its acts. Another 
benefit of the system is that it trains the people to 
deal with political matters, and so prepares them to 
act intelligently in all the affairs of the State and the 
nation. 

In the Western States the county government is 


42 


THE TOWNSHIP OR TOWN 


more important, and township legislation is confined 
to a narrow range. In power and importance the 
township of most Western States is intermediate 
between the town of the East and the civil district 
of the South. 

Selectmen or Trustees.—The legislative power 
of the township is vested in the trustees, town coun¬ 
cil, or selectmen, as they are variously termed. The 
number of trustees or selectmen is not the same in all 
parts of the Union, being fixed at three in most States 
of the West, and varying in New England with the 
wishes of the electors. The trustees, councilmen, or 
selectmen are elected by the qualified voters of the 
township for a term of one, two, or three years, vary¬ 
ing in different States. They are the legal guardians 
of the public interests of the township, and make laws 
or ordinances, sometimes called by-laws, expressly 
pertaining to the local wants of the community, and 
to a limited extent may levy taxes. 

In some States, especially those of the East, the 
principal duties of the trustees or selectmen are 
executive. They divide the township into road dis¬ 
tricts ; open roads on petition, select jurors; build 
and repair bridges and town halls, where the expendi¬ 
ture is small; act as judges of elections; purchase 
and care for cemeteries; have charge of the poor not 
in the county charge; and act for the township in its 
corporate capacity. If any thing goes wrong in the 
public affairs of the town, complaint is made to 
these officers. 

Executive Department.—Most of the public 
affairs of the township, as well as of all other gov- 


EXECUTIVE DEPARTMENT 


43 

ernments, pertain to the executive department. Its 
duties are far more extensive, and its officers are 
more numerous, than those of the other departments. 
The executive officers of the township are the clerk, 
the treasurer, the school directors, the assessor, the 
supervisors, and the constables. In most States all 
these officers are elected by the qualified voters; but 
in some the clerk, the treasurer, and the constables 
are elected by the town council. 

Clerk. —The clerk of the township is clerk of the 
trustees, council, or selectmen, and in some States 
of the school board. He attends the meetings of the 
trustees, and makes a careful record of the proceed¬ 
ings. He keeps the poll-lists and other legal papers 
of the township, administers oaths, and notifies offi¬ 
cers of their election. In the New England States, 
and some others, he keeps a record of the marriages, 
births, and deaths, calls the town meeting to order, 
reads the warrant under which it is held, presides 
until a moderator is chosen, and then acts as clerk of 
the meeting. 

Treasurer. —Taxes collected from the people for 
local purposes are paid to the treasurer. He receives 
all fines, forfeitures, and license-fees paid to the town¬ 
ship. He is the keeper of the township funds, giving 
bond for the faithful performance of his duties, and 
pays out money upon the written order of the trus¬ 
tees, attested by the clerk. In some States, as in 
New York, there is no separate township treasurer, 
the above and other duties being performed by the 
supervisor, who is the chief officer of the township. 

School Directors. —The school directors have 


44 


THE TOWNSHIP OR TOWN 


charge of the public schools of the township. The 
number of directors varies widely, being usually 
three, five, or more. In a few States, as in Ohio, the 
clerks of the district trustees constitute the township 
school directors, or township board of education. 
The directors levy taxes for school purposes, visit 
and inspect the public schools, adopt text-books, 
regulate the order of studies and length of the term, 
fix salaries, purchase furniture and apparatus, and 
make reports to the higher school officers. In some 
States they examine teachers and grant certificates 
to teach. In many States a part of these duties falls 
to the county superintendent. 

Assessor.—The assessor makes a list of the names 
of all persons subject to taxation, estimates the value 
of their real and personal property, assesses a tax 
thereon, and in some States delivers this list to the 
auditor, and in others to the collector of taxes. In 
most States there is also a poll-tax of from one to 
three dollars, sometimes more, laid upon all male 
inhabitants more than twenty-one years of age. In 
some States there are two or more assessors to the 
township, and in others real estate is valued only 
once in ten years. 

Commissioners, or surveyors of highways, have 
charge of the construction and repair of highways, 
summon those subject to labor on the road, and 
direct their work. 

Supervisor.—In some States the chief executive 
duties of the town fall upon the supervisor, but his 
principal duties are rather as a member of the county 
board of supervisors 


JUDICIAL DEPARTMEN2' 


45 


Constables.—Constables are ministerial and police 
officers There are usually two or three in each 
township They wait upon the justice’s court, and 
are subject to his orders. They preserve the public 
peace, serve warrants and other processes, and in 
some States act as collectors of taxes. 

Collector, etc.—In some States the township has 
a collector and three or more auditors. They are 
usually elected by the trustees, or council, but in a 
few of the States they are elected by the town meet¬ 
ing. The collector collects the township taxes, giv¬ 
ing bond for the faithful performance of his duties. 
In order to secure honesty and efficiency in public 
office, and to exhibit the financial condition of the 
township, the auditors annually examine the books 
of the treasurer and the collector, and publish a re¬ 
port showing the receipts and expenditures of public 
money. 

In a few States the township has a field-driver and 
a pound-keeper, whose respective duties are to take 
stray animals to the pound, an enclosure kept for the 
purpose, and to retain them with good care until the 
owner is notified and pays all expenses : two or more 
fence-viewers, who decide disputes about fences; 
surveyors of lumber, who measure and mark lumber 
offered for sale» and sealers, who test and certify 
weights and measures used in trade. These officers 
are usually appointed by the selectmen. 

Judicial Department; Justices.—The judicial 
power is vested in the justices, who are elected by 
the qualified voters ot the town. There are usually 
two or three justices, but in some States there is 


46 


THE TOWNSHIP OR TOWN 


only one in each township. The term of office is 
one, two, three, four, or more years, varying in dif¬ 
ferent States. Justices preside in the justice’s court 
to hear and determine suits at law. “ This is the 
humblest court in the land, the court of greatest 
antiquity, and the court upon which all other courts 
are founded.’’ * The justice’s court tries petty 
offences and civil suits for small amounts. In some 
States the justices preside at the town meetings, and 
in others they perform the duties of coroner in the 
township. 


SUGGESTIVE QUESTIONS. 

1. Has this State the township system ? If so, give the name 
and number of your township. 

2. How does the township system provide a convenient 
means of ascertaining and of executing the people’s will } 

3. Why is the people’s power greater when the government 
is near ? 

4. Why can the community manage its own affairs better 
than any other agency can manage them ? 

5. How do people secure their rights ? 

6. What is meant by falling under the censure of the law ? 

7. What is a naturalized person ? 

8. Is it right for subjects of foreign governments to vote ? 
Why? 

9. Is it right for women to vote in municipal elections ? 

10. Why is suffrage the basis of all free government ? 

11. What is a more severe penalty than imprisonment ? 

12. How can people serve the country ? 

13. What is a good citizen ? 

14. Why is a bad vote an attack on the rights of the people ? 

15. What other laws than those made by the legislative 


* Thorpe’s CivU Government,. 




SUGGESTIVE QUESTIONS. 


47 

department oi the township does the executive department 
enforce ? 

16. How do you like the New England town meeting? 
Why? 

17. Name some duties that belong to the executive depart¬ 
ment. 

18. What is a poll-list ? 

19. What are the duties of judges of election? 

20. Of what use is a record of marriages, births, and deaths ? 

21. What is meant by license-fees ? 

22. What persons are subject to taxation ? 

23. What is a poll-tax, and is it right ? Why ? 

24. Who are subject to road duty in this State ? 

25. Give the names of the officers of this township. 

QUESTION FOR DEBATE. 

Resolved, That the town meeting is the best system of local 
government yet devised. 


CHAPTER V. 


THE COUNTY. 

Introductory. —The county is a political division 
of the State, and is composed of civil districts or of 
townships. It bears the name of county in all parts 
of the country except in Louisiana, where a similar 
organization is known as a parish. In New England 
the county has less power than the town; in the 
Western States it has more than the township; and 
in the Southern States it has far more than the civil 
district, being there the unit of political influence. 

Purposes.—The county organization brings jus¬ 
tice near the people, enables them to attend to local 
affairs too extensive for a smaller community, and 
affords a medium by which they may transact busi¬ 
ness with the State. It serves as a convenient basis 
of apportioning members of the legislature among 
the people. It maintains local officers, such as sheriff 
and prosecuting attorney, whose duties would be too 
narrow if confined to a township. It secures a com¬ 
petent and higher tribunal than the justice’s court 
for the trial of suits at law. This was the original 
purpose, and is still the controlling reason for the 
division of the States into counties. 

Formation, Area. — Counties are formed, their 
rights are conferred, and their duties imposed, by act 
of the State legislature. In most States counties 
vary greatly in shape and size, but in some of the 
(4a)i 


COUNTY GOVERNMENT. 


49 


Western States they have a regular form. The aver^ 
age area of counties in the United States is eight 
hundred and thirty square miles; the average area 
of those east of the Mississippi River is only three 
hundred and eighty square miles. 

County Seat.—The county government resides at 
the county seat, county town, or shire town, as it is 
variously called. The court-house, the jail, the pub¬ 
lic offices, and sometimes other county buildings are 
located at the county seat. Here are kept the records 
of the courts; also, usually copies of the deeds, wills, 
mortgages, and other important papers of the people. 

COUNTY GOVERNMENT. 

The county, like the United States, the State, and 
the township, has a republican form of government; 
that is, it is governed by representatives elected by 
the people. In nearly all States the county govern¬ 
ment has three departments, legislative, executive, 
and judicial; but the functions of making, of execut¬ 
ing, and of explaining the laws, are not always kept 
separate and distinct. In a few State*, che county 
does not have a judicial department. 

Officers.—County officers and township officers 
have duties similar in kind, but the former have 
charge of the larger interests. The usual officers of 
the county are the commissioners or supervisors, the 
county attorney or prosecuting attorney, the county 
superintendent of schools or school commissioner, 
the sheriff, the treasurer, the auditor, the county 
clerk or common pleas clerk, the surveyor, the coro¬ 
ner, and the county judge and surrogate, or probate 


50 


THE COUNTY, 


judge. In the counties of many States one or more 
of these officers are lacking, and others have different 
names from those here given. In the Western and 
the Southern States county officers are elected by 
the direct vote of the people; in most of the New 
England States some of them are chosen in other 
ways. The terms of county officers vary in different 
parts of the Union, being usually two, three, or four 
years ; but in some States certain officers are elected 
for a longer term. 

Legislative Department: County Commission¬ 
ers, or Board of Supervisors.—In most States the 
public interests of the county are intrusted to a board 
of officers, three or five in number, called county 
commissioners. In some States the board consists 
of one or more supervisors from each township, and 
is called the board of supervisors. In a few States 
the board consists of all the justices of the county, 
with the county judge as presiding officer. 

The county commissioners, or board of supervis- 
ors, have charge of the county property, such as the 
court-house, the jail, and the county infirmary; make 
orders and raise funds for the erection of county 
buildings, and for the construction and improvement 
of highways and bridges; provide polling-places; 
make appropriations of money for public purposes; 
and act as the chief agents of the county in its cor¬ 
porate capacity. In some States they fix the salaries 
of county officers, in others they have power to form 
new townships and to change the township bounda¬ 
ries. In several States the functions of the board 
are almost wholly executive 


COUNTY GOVERNMENT 


51 


Executive Department: County Attorneys, or 
Prosecuting Attorneys. —The county attorney, or 
prosecuting attorney, is the county’s counsellor at 
law, and when requested gives legal advice to all 
the county officers. It is his duty to prosecute the 
accused in the trial of crimes and offences, in the 
justice’s court, the county court, and in some States 
in the circuit court or district court; to represent 
the county in all civil suits to which it is a party; 
and to act for it in all cases in which its legal inter¬ 
ests are involved. 

County Superintendent of Schools. — In some 
States there is no county superintendent of schools. 
In most States there is such an officer elected by the 
township school directors or by the people of the 
county, or appointed by the State superintendent of 
public instruction. In a few States the county is 
divided into two or more districts, each having a 
commissioner of schools. 

The county superintendent, or school commission¬ 
er, is the chief school officer of the county. He ad¬ 
ministers the public school system, condemns unfit 
school-houses and orders others built, examines 
teachers and grants certificates, holds teachers* insti¬ 
tutes, visits and directs the schools, instructs teachers 
in their duties, interests the people in education, and 
reports the condition of the schools to the State 
superintendent of public instruction. He is one of 
the most important officers of the county, a capable 
administration of his duties being of the greatest 
benefit to the whole people 

Sheriff. —“ The sheriff is the guardian of the peace 


52 


THE COUNTY, 


of the county and the executive officer of its courts.”^ 
He preserves the peace, arrests persons charged with 
crime, serves writs and other processes in both civil 
and criminal cases, makes proclamation of all elec¬ 
tions, summons jurors, and ministers to the courts 
of his county. In States having no county jailer, 
the sheriff has charge of the prisons and prisoners, 
and is responsible for their safe-keeping. When per¬ 
sons refuse to pay their taxes, he seizes and sells 
enough property to pay the sum assessed; and in 
some States he is the collector of all State and 
county revenue. 

County Treasurer. —The duties of the treasurer 
are indicated by the title of his office. He receives 
all county taxes, licenses, and other money paid into 
the county treasury. In most States he is custodian 
of the county’s financial records, and of the tax-col¬ 
lector’s books, and in others he collects all the taxes 
assessed in the county. He gives bond for the faith¬ 
ful performance of his duties, and pays out funds 
upon the warrant of the county commissioners. In 
most States having no county treasurer, the sheriff 
is keeper of the public money. 

Auditor. —The auditor is the guardian of the 
county’s financial interests. He examines the books 
and papers of officers who receive or disburse county 
funds ; keeps a record of receipts and expenditures ; 
draws all warrants for the payment of public money ; 
and publishes a report of the county’s financial trans¬ 
actions. In some States he receives the assessor’s 


Thorpe’s Civil Government, 



COUNTY GOVERNMENT 


53 


returns, apportions taxes among the people, and pre¬ 
pares the tax-collector’s duplicate list. In States 
having no county auditor, these duties are performed 
by other officers. 

County Clerk, or Common Pleas Clerk. —The 

county clerk, or common pleas clerk, is the recording 
officer of the county court, or probate court, and in 
some States of the circuit court. He issues writs, 
preserves papers, and records judgments. In many 
States he issues licenses, preserves election returns, 
and records wills, deeds, mortgages, and other im¬ 
portant papers. 

Recorder, or Register. —In many States the 
county has a recorder, or register, instead of the county 
clerk, and in some States it has both. The recorder, 
or register, makes a record in books kept for that 
purpose, of wills, deeds, mortgages, village plats, and 
powers of attorney. Some of these instruments must 
be recorded in order to make them valid in law. In 
some States having no recorder, these duties are 
performed by the township clerk, and in others by 
the county clerk. 

Surveyor. —The county surveyor, or engineer, sur¬ 
veys tracts of land to locate lines, determine areas, 
and to settle conflicting claims. In some States his 
services are frequently needed in the transfer of real 
estate. In most States he makes plots of surveys, 
issues maps of the county, and has charge of the con¬ 
struction of roads and bridges. 

Coroner. —The coroner investigates the death of 
persons who have died by violence, or in prison, or 
from causes unknown. He receives notice of the 


54 


THE COUNTY. 


death; a jury is summoned; witnesses testify; and 
the jury renders a verdict in writing, stating the cause 
and the manner of the death. This inquiry is known 
as the coroner s inquest. In some States when the office 
of sheriff is vacant, the coroner performs the duties. 

Other Officers. —In some States there are super¬ 
intendents of the poor, or infirmary directors, who 
have charge of the county infirmary in which the 
dependent poor are maintained; in others the town¬ 
ship overseers of the poor support these unfortu¬ 
nates with funds furnished for that purpose by the 
county. In some States there is a collector who col¬ 
lects all the taxes of the county; a county jailer who 
holds prisoners in custody and has charge of the 
county buildings, under the commissioners’ direc¬ 
tions ; and also a circuit clerk, or district clerk, who 
is the recording officer of the circuit court, or dis¬ 
trict court as it is often called. 

Judicial Department: County Judge or Pro¬ 
bate Judge. —The judicial power of the county is 
vested in the county judge, or probate judge, who in 
many States is its most prominent and important 
officer. He has jurisdiction of wills and estates, ap¬ 
points administrators and guardians, and settles their 
accounts. In many states he grants licenses; pre¬ 
sides over the legislative body of the county ; makes 
orders opening roads and appointing overseers of 
the public highway ; appoints officers of elections; 
holds examining trials; sits in the county court to 
try minor offences and civil suits for small amounts ; 
and in a few States acts as county superintendent of 
schools. 


SUGGESTIVE QUESTIONS. 


5b 


In some States there is a probate judge, or judge 
of the orphan’s court, in addition to the county judge. 

SUGGESTIVE QUESTIONS. 

1 . What is meant by unit of political influence ? 

2. What affairs are too extensive for a smaller community 
than the county ? 

3. Why is the county seat so called ? 

4. State the terms and the names of the officers of this 
county. 

5. Why do the officers of the county need legal advice ? 

6. What is meant by the sheriff administering to the 
courts ? 

7. What are licenses ? 

8. Of -what use is the treasurer’s bond ? 

9. What is the collector’s duplicate list? 

10. What is a writ ? 

11. What is the plot of a survey ? 

12. What is a will ? an administrator ? 

13. What is an examining trial ? 

14. Do you think the county judge or probate judge should 
act as superintendent of schools ? Why ? 

QUESTION FOR DEBATE. 

Resolved, That a poll-tax is unjust. 


CHAPTER VI 


MUNICIPAL CORPORATIONS. 

Villages, Boroughs, and Cities. —The county 
usually has within its limits villages or cities, organ¬ 
ized under separate and distinct governments. When 
the people become so thickly settled that the town¬ 
ship and county government do not meet their local 
public wants, the community is incorporated as a 
village. Villages are often called towns, and incor¬ 
porated as such, especially in the Southern States; 
but the word taken in this sense must not be con¬ 
founded with the same word, denoting a political 
division of the county in New England, New York, 
and Wisconsin. 

THE VILLAGE, OR BOROUGH. 

Incorporation. —In most States, villages, bor¬ 
oughs, and towns are incorporated under general 
laws made by the State legislature, A majority of 
the legal voters living within the proposed limits 
must first vote in favor of the proposition to incor¬ 
porate. In some States, villages are incorporated by 
special act of the legislature. 

Government Purposes. —The purposes of the 
village or borough government are few in number, 
and lie within a narrow limit. It is a corporate body, 
having the usual corporate powers. Under the vil¬ 
lage organization, local public works, such as streets, 
( %6 ' 


THE VILLAGE, OR BOROUGH. 


57 


sidewalks, and bridges, are maintained more readily 
and in better condition than under the government 
of the township and county. The presence of the 
village officers tends to preserve the peace and make 
crime less frequent. 

Officers.—The usual officers of the village or bor- 
ough are the trustees or councilmen, whose duties 
are mostly legislative; the marshal, and sometimes 
a president or mayor! a collector and a treasurer, 
whose duties are executive; and the recorder, or 
police judge, or justices of the peace, whose duties 
are judicial. The officers are usually elected by the 
legal voters, and serve for a term of one or two years. 
In many villages the president and the collector are 
elected by the trustees, the former from among their 
own number. 

Duties.—The trustees or council pass laws, called 
ordinances, relating to streets, fast driving, lamps, 
water-works, the police system, public parks, public 
health, and the public buildings. They appoint 
minor officers, such as clerk, regular and special 
policemen, keeper of the cemetery, and fire-wardens; 
prescribe the duties, and fix the compensation of 
these officers. 

The president or mayor is the chief executive 
officer, and is charged with seeing that the laws are 
enforced. In villages having no president or mayor, 
this duty devolves upon the trustees. The marshal 
is a ministerial officer, with the same duties and 
often the same jurisdiction as the constable, and is 
sometimes known by that name. He preserves the 
peace, makes arrests, serves processes, and waits 


58 


MUNICIPAL CORPORATIONS. 


upon the recorder s court. The collector collects 
the village taxes. The treasurer receives all village 
funds, and pays out money upon the order of the 
trustees. 

The recorder or police judge tries minor offences, 
such as breach of the peace, and holds examining 
trials of higher crimes. His jurisdiction is usually 
equal to that of justices of the peace in the same 
State. In some States the village has two justices 
of the peace instead of the recorder, these being also 
officers of the county. 

THE CITY. 

When the village, borough, or town becomes so 
large that its government does not meet the people’s 
local public needs, it is incorporated as a city. Where 
the country is sparsely settled the peace is seldom 
broken, private interests do not conflict, the people’s 
public needs are small, and therefore the functions 
of government are few and light. As the papu¬ 
lation grows dense, the public peace is oftener dis¬ 
turbed, crime increases, disputes about property 
arise; the public needs become numerous and im¬ 
portant, and the officers of the law must interfere to 
preserve order and protect the people. The fewer 
the people to the square mile, the fewer and lighter 
are the functions of government; the more people to 
the square mile, the more and stronger must be the 
functions of government. 

Incorporation.—Cities and villages or boroughs 
differ principally in size and in the scope of their 
corporate authority. A city is larger in area and 


THE CITY, 


59 


population, and the powers and privileges of its gov¬ 
ernment are more extensive. In some States cities 
may be incorporated under general laws, but they 
are usually incorporated by special acts of the State 
legislature. The act or deed of incorporation is 
called the city charter. The charter names the city, 
fixes its limits, erects it as a distinct political cor¬ 
poration, sets forth its powers and privileges, names 
its officers, prescribes their duties, and authorizes the 
city to act as an independent government. The 
legislature may amend the charter at any time, and 
the acts and laws of the city must not conflict with 
the constitution of the State or of the United States. 

Wards.—The city is usually divided into wards 
for convenience in executing the laws, and especially 
in electing representatives in the city government. 
Wards vary greatly in area and population, and their 
number depends in a measure upon the size of the 
city. Each usually elects a member of the board of 
education, and one or more members of each branch 
of the city council. Each ward is subdivided into 
precincts for convenience in establishing polling- 
places. 

City Institutions.—Cities maintain a number of 
institutions, peculiar to themselves, for the public 
welfare. The frequency of destructive fires causes 
the formation of a fire department. A police force 
must be organized to protect life and property. A 
system of sewerage is necessary to the public health. 
There must be gas-works or electric-light works, that 
the streets may be lighted, and water-works to sup¬ 
ply water for public and private use. In many cities 


to 


MUNICIPAL CORPORATIONS, 


gas-works and water-works are operated by private 
parties or by private corporations. 

Finances.—Each city has an independent financial 
system, which requires skillful management. The 
city borrows money, issuing interest-bearing bonds in 
payment, and engages in extensive public improve¬ 
ments. The large outlays for paving the streets, 
constructing water-works, laying out parks, erecting 
public buildings, and for maintaining police systems 
and fire departments, cause cities to incur debts often 
amounting to many millions of dollars. As the result 
of the greater expense of its government, and as its 
people also pay State and county taxes, the rate of 
taxation in a city is far greater than in rural districts 
and villages. 

Citizens: Rights and Duties.—The qualifications, 
the rights, and the duties of citizens of the city are 
the same as those of citizens of the township and the 
county. The qualifications of voters are also usually 
the same. The duties of voters are the same in all 
elections, whether in the school district, the civil 
district, the city, the county, the State, or the United 
States; namely, to vote for the best men and the 
best measures. Under whatever division of govern¬ 
ment the people are living, they always have the 
same interest in the maintenance of order, in the 
enforcement of the laws, in the triumph of right 
principles, and in the election of good men to office. 

Government.—A city often has a more complex 
government than that of the State in which the city 
is situated. The massing of so many people, repre¬ 
senting so many interests requires a government 


THE CITY. 


6 i 


with strong legislative, executive, and judicial func¬ 
tions. One of the great questions of our time is how 
to secure economy and efficiency in city government; 
and, as our cities are growing with great rapidity, the 
problem is daily becoming more difficult to solve. 

Officers. —The legislative power is vested in the 
city council, usually composed of the board of alder- 
men and of the common council. The executive 
authority is vested in the mayor, the city attorney 
or solicitor, the city clerk, the assessor, the collector, 
the treasurer, the city engineer or surveyor, the board 
of public works, the street commissioner, the school 
board or board of education, and the superintendent 
of schools. The j*udicial power is vested in the city 
court, police court, or recorder’s court, as it is 
variously termed; in a number of justices’courts; 
and in the higher courts, which are also courts of the 
county in which the city is located. The officers of 
the city are usually elected by the legal voters, but 
in some cities the collector, the city engineer, the 
street commissioner, and a number of subordinate 
officers are appointed by the mayor or city council. 
The superintendent of schools is elected by the 
school board. 

Duties. —In many small cities, and in several of 
the larger, such as New York, Chicago, Brooklyn, 
and San Francisco, the council consists only of the 
board of aldermen. When the council is composed 
of two branches, a law can not be made by one of 
them alone; it must be passed by both; and if 
vetoed by the mayor, it must be passed again, and 
in most cities by a two thirds vote, or it is void. The 


62 


MUNICIPAL CORPORA TIONS 


council makes laws, or ordinances, regulating the 
police force; fixing the rate of city taxation; order¬ 
ing the issue of bonds and the construction of public 
works; and making appropriations for public purposes. 

The mayor is the chief executive of the city. It is 
his duty to see that the laws are enforced. He ap¬ 
points a number of subordinate officers, and in most 
cities may veto the acts of the city council. The 
duties of the city attorney, the city clerk, the asses¬ 
sor, the collector, the treasurer, the school board, and 
the superintendent of schools are similar to those 
of township and county officers of the same name. 
The city engineer has charge of the construction of 
sewers and the improvement of parks. The street 
commissioner attends to the construction and repair 
of the streets, crossings, and sidewalks. There are 
a number of officers appointed by the mayor or the 
council, such as chief of police, chief of the fire 
department, and the city physician, who have duties 
connected with their special departments. 

The city judge, police judge, or recorder, has duties 
similar to those of the same officer in an incorporated 
village. Cities also have higher courts,, variously 
named, whose judges have duties and jurisdiction 
equivalent to those of county officers of the same 
grade. Because offenses against the law are more 
frequent, officers are more numerous in cities than 
in the rural districts 

SUGGESTIVE QUESTIONS. 

1. What is meant by incorporating a village ? 

2 . What is a breach of the oeace i 


QUESTION FOR DEBATE, 


63 


3. What are polling-places ? 

4. To what State officer does the mayor of a city or town 
correspond ? 

5. Why are offenses against the laws more frequent in the 
cities than in the rural districts ? 

6. What is the largest city of this State ? Is its council com- 
posed of one body or of two ? 

QUESTION FOR DEBATE. 

Resolved, That the legislative department of a city govern 
ment should consist of only one deliberative body. 


CHAPTER VII. 


THE STATE. 

Introductory.—After the county, the government 
nearest us is that of the State. The political divis¬ 
ions which we have considered are subject to the 
State, holding their powers as grants from its gov¬ 
ernment. The State can make and unmake them, 
and we owe them obedience because the State has 
commanded it. As we sometimes express it, the 
sovereignty or supreme sway of these local divisions 
resides in the State. 

Definition.—A State is a community of free citi¬ 
zens living within a territory with fixed limits, gov¬ 
erned by laws based upon a constitution of their 
own adoption, and possessing all governmental pow¬ 
ers not granted to the United States. Each State is 
a republic and maintains a republican form of gov¬ 
ernment, which is guaranteed by the United States. 
The State is supreme within its own sphere, but its 
authority must not conflict with that of the national 
government. A State is sometimes called a com¬ 
monwealth because it binds the whole people to¬ 
gether for their common weal or common good. 

Formation of Original States.—The thirteen 
original colonies were principally settled by people 
from Europe. The colonial rights were set forth and 
boundaries fixed by charters granted by the crown of 
England. In the Declaration of Independence these 


THE STATE. 


65 


colonies declared themselves “ free and independent 
States.” After the treaty of peace which acknowl¬ 
edged their independence, they framed and adopted 
the national constitution, and thereby became the 
United States of America. 

Admission of New States. —New States are ad¬ 
mitted into the Union by special acts of the Congress 
of the United States. An organized Territory hav¬ 
ing the necessary population sends a memorial to 
Congress asking to be admitted as a State. Con¬ 
gress then passes a law called an “ enabling act,” 
authorizing the people of the Territory to form a 
State constitution. When the people have framed 
and adopted a State constitution not in conflict with 
the Constitution of the United States, Congress 
passes another act admitting the new State into the 
Union “upon an equal footing with the original 
States in all respects whatever.” Sometimes the 
enabling act provides for admission on proclamation 
of the President of the United States. Several of 
the Territories adopted State constitutions and were 
admitted as States without enabling acts. 

Purposes.—The State keeps power near the peo¬ 
ple, and thus makes them more secure in their liberty. 
“The powers not granted to the United States, nor 
prohibited to the States, are reserved to the States 
respectively or to the people.” If the whole country 
were a single republic without State divisions, power 
would be withdrawn from the people and become 
centralized in the national government. 

Our political system leaves the various functions 
of government to the smallest political communities 

Pbt. C Go.—5 


66 


THE STATE. 


that can perform them efficiently. The county has 
charge of all public interests that can be managed by 
it as well as by the State. Many public affairs, such 
as popular education,* private corporations, and the 
organization of the smaller political divisions, can be 
better managed by the State than by the National 
Government, and are therefore properly left to the 
State’s direction. 

Parts of the country widely separated differ in* 
climate and soil, giving rise to different industries 
and occupations, which require different laws, made 
and administered by different States. The State 
serves as a convenient basis for the apportionment 
of members of both houses of Congress, and State 
institutions preserve and develop the local individu¬ 
ality and self-reliance of the people. 

Functions. —The functions of the State are very 
extensive, including the greater part of those acts 
of government which preserve society by affording 
security to life, liberty, property, and the pursuit of 
happiness. 

The State government touches the citizens at most 
points; that is, all those laws that concern the body 
of the people in their ordinary daily life are made 
and enforced by the State, or by the smaller political 
divisions of the State, acting under the State’s direc- 


* Popular education must command the sympathy and respect of 
the people in each locality in order to remain “ popular.” While the 
State, therefore, enforces a general system of public schools, it leaves 
all the details of local management with the people most closely 
related to the particular school. The people esteem that which they 
create and control. 



CITIZENS. 


67 


tions. Ofificers discharge their duties, arrests are 
made, courts are held, offenders are punished, justice 
is meted out, and taxes are collected, by the authority 
of the State. 

The National Government has similar functions to 
perform in every part of the country, but they are 
far less frequent than those of the State. 

Institutions.—The State maintains a number of 
charitable and other institutions for the public wel¬ 
fare. It makes appropriations of land or money for 
the support of asylums, prisons, reformatories, scien¬ 
tific institutions, schools, colleges, and universities. 
The support of these institutions, the payment of 
salaries, the administration of justice, and the con- 
auct of other public interests, involve large annual 
expenditures, often amounting to several millions of 
dollars. 

CITIZENS. 

The citizens of a State are the people who live in 
it, whether natives of the United States, or foreigners 
who have been adopted. Persons who are citizens 
of the United States are thereby citizens of the State 
in which they reside. They have all the rights that 
freemen can possess, and enjoy a larger freedom than 
do the people of any other country. 

The legal voters, often called electors, are the male 
citizens who have resided in the State, the county, 
and the township, or voting precinct, the time re¬ 
quired by law to entitle them to vote. The length 
of residence required in the State varies, being two 
years in some, six months in others, and one year 


68 


THE STATE. 


in most States. Several States permit citizens of 
foreign countries to vote, and a few permit women 
to vote. 

Rights. —Every citizen has the right to be secure 
in his person ; to be free from attack and annoyance; 
to go when and where he may choose; to keep, 
enjoy, and dispose of his property; and to provide 
in his own way for the welfare of himself and of 
those dependent upon him. 

The rights of the people are set forth at length 
and with great precision in a portion of the State 
constitution called the Bill of Rights. These rights 
must be exercised under the restrictions of the law, 
and with due regard for the same rights held by others. 

The legal voters have the right to vote in all local. 
State, and national elections. They are voters in 
national elections by virtue of being voters in State 
elections. The right to vote implies the right to be 
voted for, and the right to hold office; but for many 
officers the State requires a longer residence and 
other qualifications than those prescribed for voters. 

Duties. —For every right, the people have a cor¬ 
responding duty; and for every privilege they enjoy, 
there is a trust for them to discharge. The large 
personal freedom possessed by the American citizens 
imposes equally as large public responsibilities. It 
is the duty of every citizen to obey the law, to aid 
in securing justice, to respect authority, to love his 
country, and to labor for the public good. No one 
can be a useful member of society unless he respects 
the laws and institutions of the land. The people 
themselves have established this government, both 


CONSTITUTION, 69 

State and national; it exists for them, and therefore 
they owe it honor and obedience. 

It is the duty of every voter to study the interests 
of the country, and to vote for men and measures 
that, in his opinion, will best “ promote the general 
welfare.” In this country, government is intrusted 
to the whole people, and they can govern only by 
expressing their will in elections. Therefore the 
majority must rule. The majority will sometimes 
make mistakes, but these will be corrected after a time. 

In order that good government may ensue, good 
men must take part in elections. The privilege of 
suffrage is conferred upon an implied contract that 
it will be used for the public good. He who fails to 
vote when he can, fails to perform his part of the 
contract, fails to fulfill his promise, and fails to re¬ 
spect the government that protects him. 

CONSTITUTION. 

The constitution is often called the supreme law 
of the State. In other words, it is the supreme act 
of the people, for the purpose of organizing them¬ 
selves as a body politic, of formulating their govern¬ 
ment, and of fixing the limits of its power. It is 
a contract between the whole society as a political 
body, and each of its members. Each binds himself 
to the whole body, and the whole body binds itself 
to each, in order that all may be governed by the 
same laws for the common good. The constitution 
of each State is a written instrument, modeled after 
the Constitution of the United States, with which it 
must not conflict. 


70 


THE STATE. 


The constitutions of England and most other 
countries of Europe are unwritten. They consist of 
the common usages and maxims that have become 
fixed by long experience. In those countries, when a 
new political custom grows into common practice it 
thereby becomes a part of the national constitution. 

Formation and Adoption. —As the whole people 
can not assemble in one place to frame and adopt a 
constitution, they elect delegates to a constitutional 
convention. The convention usually meets at the 
capital, deliberates, frames articles for a proposed 
constitution, and in nearly all cases submits them to 
the people. The people make known their will in 
a general election, and if a majority vote in favor 
of adopting the proposed constitution, it becomes 
the constitution of the State. If the proposed con¬ 
stitution is rejected, another convention must be 
called to propose other articles to be voted upon by 
the people. 

Purposes. —The purposes of the constitution are 
to guard the rights of the people, to protect the liber¬ 
ties of the minority, to grant authority to the gov¬ 
ernment, to separate the functions of the three depart¬ 
ments, to prescribe the limits of each, and to fix in 
the public policy those maxims of political wisdom 
that have been sanctioned by time. 

The special tendency in recent amendments of 
State constitutions has been to limit the power of the 
legislature. Constitutions, like other political institu¬ 
tions, are largely matters of growth, and from time to 
time must be revised to meet the changing wants of 
society. For this purpose the constitution of almost 


CONSTITUTION. 


71 

every State contains a provision, called the open clause, 
which authorizes the legislature, under certain re¬ 
strictions, to propose amendments to the constitution 
to be adopted or rejected by a vote of the people. 

Value. —The people of any State may, at their 
pleasure, frame and adopt a new constitution, which 
must be in harmony with the Constitution of the 
United States. The right to make their own consti¬ 
tution is one of the highest and most important rights 
that freemen can possess. It is in this and in the 
right of suffrage that their freedom principally con¬ 
sists. 

The constitution protects the people by prescribing 
the limits of official authority. The legislature can 
not legally pass a law which the constitution of the 
State forbids, and when such a law is passed it is 
declared unconstitutional by the State courts. A 
provision of a State constitution becomes void when 
declared by the supreme court of the United States 
to be in conflict with the national Constitution. 

Contents. —The constitutions of the several States 
are based upon the Constitution of the United States 
as a model, and are therefore much alike in their gen¬ 
eral provisions. Each contains: 

A preamble setting forth the purposes of the con¬ 
stitution ; 

A lengthy declaration called the bill of rights. 

Provisions for distributing the powers of govern¬ 
ment into three departments ; and 

Articles relating to suffrage, debt, taxation, corpo¬ 
rations, public schools, militia, amendments, and 
other public affairs. 


THE STATE, 




BILL OF RIGHTS. 

The bill of rights usually declares various rights of 
the citizen which may be classified under the heads 
of republican principles, personal security, private 
property, freedom of conscience, freedom of speech 
and of the press, freedom of assembly, and freedom 
from military tyranny. 

Republican Principles. —Under this head the bill 
declares: 

That all power is inherent in the people; 

That governments exist for their good, and by 
their consent ; 

That all freemen are equal; 

That no title of nobility shall be conferred; 

That exclusive privileges shall not be granted 
except in consideration of public services; 

That all elections shall be free and equal. 

Personal Security. —In the interests of the per¬ 
sonal security of the citizen it is provided : 

That the people shall be secure in their persons, 
houses, papers, and possessions, from unreason¬ 
able seizures and searches ; 

That warrants to seize and to search persons and 
things must describe them by oath or affirma¬ 
tion ; 

That there shall be no imprisonment for debt, 
except in cases of fraud. 

Private Property. —To secure the rights of pri¬ 
vate property, the bill declares: 

That private property shall not be taken for public 
use without just compensation; 


BILL OF RIGHTS. 


n 

And, in some States, that long leases of agricultural 
lands shall not be made. 

Freedom of Conscience.^To induce the en¬ 
tire freedom of conscience of the citizen it is de¬ 
clared : 

That there shall be perfect religious freedom, but 
not covering immoral practices; 

That there shall be no State church , 

That no religious test shall be required! foi* perform¬ 
ing any public function; 

That the rights of conscience are free from human 
control. 

Freedom of Speech and of the Press. —To main¬ 
tain the rightful freedom of the press, the bill guar¬ 
antees : 

That printing-presses may be used by all; 

That every citizen may freely speak, write, and print 
upon any subject—being responsible for the 
abuse of the right. 

Freedom of Assembly. —The right of assembly 
is secured by the provision : 

That the people may peaceably assemble for the 
public good, to discuss questions of public 
interest; and 

That they may petition the government for redress 
of grievances. 

Freedom from Military Tyranny. — To guard 
against abuses by the military, it is declared: 

That the military shall be in strict subordination 
to the civil power; 

That no standing army shall be maintained in time 
of peace; 


74 


THE STATE. 


That in time of peace no soldier shall be quartered 
in any house without the owner’s consent ; 

That the right of people to bear arms shall not be 
questioned. This does not authorize the carry¬ 
ing of concealed weapons. 

Forbidden Laws.—To insure the people against 
improper legislation, the bill of rights provides : 

That no ex post facto law or law impairing the 
validity of contracts, shall be made ; 

That no bill of attainder shall be passed ; 

That no power of suspending laws shall be exer¬ 
cised except by the legislature. 

Rights of the Accused.—Among the worst abuses 
of tyranny in all ages have been the corruption of the 
courts and the denial of the rights of common justice. 
To guard against these it is expressly provided: 

That the writ of habeas corpus shall not be sus¬ 
pended except when, in cases of rebellion or 
invasion, the public safety may require it; 

That, except in capital cases, persons charged with 
crime may give bail; 

That no excessive bail shall be required; 

That all courts shall be open ; 

That the accused shall have a speedy trial in the 
district in which the offense was committed; 

That the ancient mode of trial by jury shall be 
maintained ; but civil suits, by consent of the 
parties, may be tried without a jury; 

That all persons injured in lands, goods, person, or 
reputation shall have remedy by course of law; 

That the accused shall be informed of the nature 
of the charges against him ; 


BILL OF RIGHTS. 


75 

That he shall be confronted by the witJiesses 
against him ; 

That he shall be heard in his own defense, and 
may have the benefit of counsel; 

That he shall not be required to testify against him¬ 
self ; 

That he shall not be deprived of life, liberty, or 
property except by due process of law ; 

That no cruel or unusual punishment shall be in¬ 
flicted ; 

That no one shall be twice placed in jeopardy for 
the same offense. 

No citizen of the United States would deny the 
justice of these declarations. They are so reasona¬ 
ble it seems strange that they should ever have been 
questioned. “ But in enumerating them we are 
treading on sacred ground. Their establishment cost 
our ancestors hundreds of years of struggle against 
arbitrary power, in which they gave their blood and 
treasure.”* 

It was to secure and maintain a part of these rights 
that the American colonies went to war with Great 
Britain, and made good their Declaration of Inde¬ 
pendence by an appeal to arms. 

Most of these rights are preserved in the Constitu¬ 
tion of the United States, to prevent encroachments 
upon the liberties of the people by the General Gov¬ 
ernment. They are repeated in the State constitu¬ 
tion in order that they may not be invaded by the 
State Government. There is also a provision in the 


McClear/s Studies in Civics, 



76 


THE STATE. 


constitution of the State which declares that “ the 
enumeration of certain rights shall not be con¬ 
strued to deny or disparage others retained by the 
people.” 

SUGGESTIVE QUESTIONS. 

1. Why are the smaller political communities subject to the 
State ? 

2. Give the names of the thirteen original States. 

3. What is meant by States having different industries and 
occupations ? 

4. How do State institutions develop the self-reliance of the 
people ? 

5. Name some acts of government which you have seen the 
State perform. 

6. What are charitable institutions ? 

7. How is justice administered ? 

8. Wherein are the people of this country freer than other 
people ? 

9. How long must a person live in this State to entitle him 
to vote ? 

10. What is meant by being secure in person ? 

11. Read the bill of rights in the constitution of your State. 

12. What is a body politic ? 

13. Why can not the whole people assemble to form a State 
constitution ? 

14. What is meant by taking private property for public 
use ? 

15. How may the right to speak and print be abused ? 

16. What is meant by the military being subordinate to the 
civil power ? 

17. Are all cases tried by jury ? 

QUESTION FOR DEBATE. 

Resolved, That there should be an educational qualification 
for suffrage. 


CHAPTER VIII. 


THE STATE— {Continued). 

Government Departments. —The State govern¬ 
ment is based upon the State constitution. It has a 
legislative department charged with the making of 
the laws, an executive department to enforce the 
laws, and a judicial department to explain and apply 
the laws. Each of the departments is independent 
of the others, being supreme within its own sphere. 

The American people believe that the functions 
of making, of enforcing, and of explaining the laws, 
should forever be separate and distinct. Experience 
has shown that it is dangerous to the liberties of the 
people to permit either of the three departments, of 
government 'to trespass upon the functions of the 
others. Therefore, the limits of each department 
are well defined, and its power closely guarded, by 
the constitution and laws of the State. 

LEGISLATIVE DEPARTMENT. 

The legislative or law-making power of the State is 
vested in the legislature, sometimes called the gen¬ 
eral assembly, and in some States known as the gen¬ 
eral court, or legislative assembly. The legislature 
is composed of two bodies, or houses, called respect¬ 
ively the Senate and the House of Representatives. 
In New York the latter body is known as the Assem¬ 
bly, in New Jersey it is called the General Assembly 

( 77 ) 


78 


THE STATE, 


and in some States the House of Delegates. A 
bill must be passed by both branches of the legis¬ 
lature in order to become a law. The proceedings of 
the legislature should be made public, and therefore 
the sessions are open, and the constitution requires 
each house to keep and publish a daily record, called 
the Journal. 

Qualifications. —The State constitution prescribes 
the age, the length of residence, and other legal quali¬ 
fications for membership in each branch of the legis¬ 
lature. The constitutions of most States fix a longer 
term of office and require a more mature age for sena¬ 
tors than for representatives. In addition to these 
legal qualifications a legislator should be a man of 
unswerving honesty, of broad information, of close 
thought, well versed in the principles of government, 
acquainted with the needs of the country, and faith¬ 
ful to the interests of the whole people. 

Privileges.—Each branch of the legislature con¬ 
sists of members elected by the people. Senators 
and representatives are responsible for their official 
acts to the people, and to the people alone. Except 
for treason, felony, and breach of the peace, members 
of the legislature are privileged from arrest while 
attending the sessions of their respective houses, and 
while going thereto and returning therefrom. For 
any speech or debate in either house, a member 
thereof can not be questioned in any other place. 

Each house adopts rules for its own government. 
Each house also elects its own officers, except that 
in most States the people elect a lieutenant-governor, 
who is also president of the Senate. These various 


LEGISLATIVE DEPARTMENT 


79 


privileges are granted in the State constitution in 
order that the actions of the legislature may be free 
from all outside influences. 

Power. —The constitution of the State defines the 
limits of the power vested in the legislative depart¬ 
ment. The legislature may enact any law not for. 
bidden by the Constitution of the State or of the 
United States. Every act passed is binding upon 
the people unless it is declared by the courts to be 
unconstitutional. An act of the legislature, when 
declared to be unconstitutional, thereby becomes 
void; that is, it ceases to have any legal force. 

Sessions. —The legislature meets at the State 
capitoI. In a few States the legislature holds annual 
sessions, but in far the greater number it meets bien¬ 
nially; that is, once every two years. In many 
States the constitution limits the session to a certain 
number of days, but in a few of these States the 
legislature may extend its session by a special vote 
of two-thirds of each house. A majority constitutes 
a quorum for business, but a smaller number may 
meet and adjourn from day to day in order that the 
organization may not be lost. 

Functions. —The legislature enacts laws upon a 
great variety of subjects. It fixes the rate of State 
taxation, it provides for the collection and distribu¬ 
tion of State revenue, creates offices and fixes salaries, 
provides for a system of popular education, and makes 
laws relating to public works, the administration of 
justice, the conduct of elections, the managenaent 
of railways and other corporations, the maintenance 
of charitable and other institutions, the construction 


8o 


THE STATE. 


and repair of public roads, the organization of the 
militia, the conduct of prisons and reformatories, and 
a number of other public interests. 

Forbidden Powers. —The Constitution of the 
United States forbids any State to exercise certain 
powers: 

(1) No State can enter into any treaty, alliance, 
confederation, contract, or agreement with any 
other State, or with a foreign power; issue com¬ 
missions to vessels authorizing them to capture 
and destroy the merchant ships of other nations; 
coin money; issue paper money ; make any thing 
but gold and silver coin a legal tender for the 
payment of debts; pass any bill inflicting the 
penalty of death without a regular trial, or any 
law fixing a penalty for acts done before its 
adoption, or any law affecting the provisions of 
contracts made before its passage ; or grant any 
title of nobility. 

(2) No State can, without the consent of Congress, 
lay a tax or duty on imports or exports, except 
what is necessary in executing its inspection 
laws. The net proceeds of all duties laid by any 
State for this purpose must be paid into the 
treasury of the United States; and all such laws 
are subject to the revision and control of Con¬ 
gress. Without the consent of Congress, no 
State can tax ships, keep trobps or ships of war 
in time of peace, or engage in war unless 
invaded* or in imminent danger. 

(3) No State shall make or enforce any law which 
shall abridge the privileges or immunities of citi- 


LEGISLATIVE DEPARTMENT. gl 

zens of the United States; nor shall any State 
deprive any person of life, liberty, or property 
without due process of law, nor deny to any 
person within its jurisdiction the equal protec¬ 
tion of the laws/* 

(4) *‘[No] State shall assume or pay any debt or 
obligation incurred in aid of insurrection or 
rebellion against the United States, or any 
claim for loss or emancipation of any slave.’* 

The Senate. —The Senate is a less numerous body 
* than the House of Representatives. The presiding 
officer is addressed as “Mr. President’* or “Mr. 
Speaker,** the title varying in different States. There 
is also a chief clerk, with assistants, who keeps the 
records; a sergeant-at-arms, who preserves order on 
the floor; a doorkeeper, who has charge of the senate 
chamber and its entrances, and a number of subor¬ 
dinate officers. 

The Senate has two functions not belonging to ^he 
House of Representatives: i. When the governor 
nominates persons for appointment as officers of the 
State, unless the Senate advises and consents to the 
nominations, the appointments are void; 2. When 
the House of Representatives presents articles of 
impeachment against an officer of the State, the 
Senate sits as a court to try the charges. 

House of Representatives. —The House of Rep¬ 
resentatives is often called the popular branch of 
the legislature. It is sometimes designated as the 
“ House.” The title of the presiding officer is “ Mr. 
Speaker.” The other officers usually have the same 
titles and duties as those of the Senate. 

Pbt. Co Go.—6 


82 


THE STATE. 


In most States bills raising revenue, and in some 
States bills making appropriations, must originate 
in the House of Representatives. This body also 
has the sole power of impeachment. Usually when 
charges affecting the official conduct of an officer 
of the State are brought before the legislature, the 
House of Representatives appoints a committee to 
investigate the charges and report. If the report 
warrants further action, the House adopts charges 
of official misconduct, or of high crimes and mis¬ 
demeanors in office. This proceeding is called an 
impeachment. 

The Senate sits as a court of impeachment, hears 
the evidence, listens to the argument by the man¬ 
agers and the counsel for the accused, and then con¬ 
demns or acquits. The judgment in cases of im¬ 
peachment is removal from office and disqualification 
to hold any office of honor, trust, or profit under the 
Staje. 

SUGGESTIVE QUESTIONS. 

1. Why is the State legislature composed of two houses ? 

2. Why should the proceedings of the legislature be 
public ? 

3. Why should senators and representatives be free from 
arrest while discharging their public duties ? 

4. How often does the legislature of this State meet ? 

5. What is the limit of its session ? 

6. Can its session be extended ? 

7. What is a reformatory ? 

8. What are the age and number of years of residence 
required of a State senator in this State ? Who is the senatoi 
from this district ? 

9. What is a bill for raising revenue ? 


QUESTION FOR DEBATE. 


83 


10. What are the age and number of years of residence 
required of a representative in this State ? Who is the repre¬ 
sentative from this district ? 

QUESTION FOR DEBATE. 

Resolved, That a State legislature should not have more 
than forty senators and one hundred representatives. 


CHAPTER IX. 


THE STATE— {Continued'). 

When the laws are enacted it becomes necessary 
that some one be charged with seeing that they are 
duly executed and obeyed. The people’s representa¬ 
tives in the legislative department make the laws. 
The people’s servants in the executive department 
execute the laws. 

EXECUTIVE DEPARTMENT. 

The chief executive officers of the State are the 
governor, the lieutenant-governor, the secretary of 
state, the auditor or comptroller, the treasurer, the 
attorney-general, and the superintendent of public 
instruction, who, in most States, are elected by the 
people. Besides these, an adjutant-general, a com¬ 
missioner of agriculture, a commissioner of insurance, 
railway commissioners, a register of the land office 
or land commissioner, and in some States other sub¬ 
ordinate officers, are usually appointed by the gov¬ 
ernor, and confirmed by the Senate. 

The higher State offices are provided for in the 
constitution, while the subordinate offices are created 
by act of the legislature. Several States have no 
lieutenant-governor; in some the secretary of state 
and the superintendent of public instruction are ap¬ 
pointed by the governor, and in others some of the 
subordinate officers are elected by the people. The 
(84) 


EXECUTIVE DEPARTMENT 


85 

titles of many of these officers vary in different 
States. 

The terms of. the State officers elected by the peo¬ 
ple are usually alike in the same State, but in some 
States the terms of the auditor and the treasurer are 
less, and in others more, than those of the other 
officers. 

Governor: Term, Qualifications. —The supreme 
executive authority is vested in the governor, who 
is therefore sometimes called the chief executive of 
the State. His position is one of great dignity and 
influence. 

The term of office is one, two, three, or four years, 
varying in different States, and in some the consti¬ 
tution prohibits any person from serving two terms 
in succession. 

The legal qualifications of the office of governor 
vary in different States. He must be a citizen of 
the United States; must have resided in the State at 
least a fixed term of years ; must not be under a cer¬ 
tain age, usually thirty or thirty-five years ; and in 
some States must own property of a given value. 

Powers, Duties. —The governor is commander-in¬ 
chief of the military forces of the State, and repre¬ 
sents it in its dealings with other States. He may 
call on all other executive officers for written infor¬ 
mation concerning their respective duties. He is 
presumed to be well informed upon the affairs of the 
people, and is therefore required to give the legisla¬ 
ture information as to the condition of the State, 
and to recommend the passage of such laws as he 
deems proper and expedient. 


86 


THE STATE. 


The governor may call special meetings of the 
legislature to consider questions of great and imme¬ 
diate public concern. At the opening of each session 
he addresses a regular message to the legislature, and 
from time to time submits special messages upon 
various subjects. 

All acts of the legislature are presented for his 
approval and signature. If he approves and signs 
them, they become laws ; if he retains them for ten 
days without signing them, they become laws with¬ 
out his signature; if he refuses to approve them, he 
returns them within the ten days to the house in 
which they originated, with a statement of his objec¬ 
tions. 

This action is called 2,vet0y and the vetoed measure, 
in order to become a law, must pass both houses 
again, and in some States must secure a two thirds 
vote of each house. 

The governor may grant reprieves and pardons; 
except in cases of impeachment, and in some States, 
of treason. In some States this power is limited by a 
board of pardons, which must recommend a pardon 
before it can be granted by the governor; and in 
others the consent of one branch of the legislature 
must be obtained. 

Treason against the States consists in an open or 
overt act of ‘‘ levying war against them, or in adher¬ 
ing to their enemies, giving them aid and comfort.** 

To reprieve is to delay or postpone for a time the 
execution of the sentence of death upon a criminal. 

To pardon is to annul a sentence by forgiving the 
offense against the law, and by releasing the offender. 


EXECUTIVE DEPARTMENT. 


87 


The governor may also commute the sentence of 
an offender by exchanging the penalty for one less 
severe. 

Lieutenant-Governor. —The term and qualifica¬ 
tions of the lieutenant-governor are the same as those 
of the governor. The lieutenant-governor is also 
president or speaker of the Senate, but votes only in 
case of a tie. In States having no lieutenant-gov¬ 
ernor, the Senate elects its presiding officer. 

In case of the death or resignation of the governor, 
the lieutenant-governor becomes governor of the 
State. In States having no lieutenant-governor, 
special laws provide for filling vacancies in the office 
of governor. 

When the chief executive is absent from the State, 
or disabled, the lieutenant-governor performs the 
duties of the office. 

Secretary of State. —The secretary of state is the 
keeper of all State papers, and usually of the great 
seal of the State. In some States he is ex officio 
auditor. He keeps a record of the proceedings and 
acts of the legislature and of the executive depart¬ 
ment of the State government. 

He certifies to the correctness of State documents 
and commissions, indexes the laws, and attends to 
their printing and distribution, except in States 
having a superintendent of printing. He receives 
and preserves the returns of elections, and in some 
States has charge of the State buildings at the 
capital. 

Auditor, or Comptroller. —The auditor is the 
financial agent of the State, and in some States acts 


88 


THE STATE. 


as register of the land office, and in others as com¬ 
missioner of insurance. He is also the State’s book¬ 
keeper, and attends to the collection of its revenue. 
He examines and adjusts claims and accounts against 
the State, and orders the payment of such as he 
approves. He receives moneys paid to the State, 
deposits them with the treasurer, and takes receipt 
therefor. No funds can be paid out of the State 
treasury except upon the auditor’s warrant. He 
makes an annual or biennial report, showing the 
financial condition of the State. In some States 
having no auditor, these various duties fall to other 
officers, chiefly to the secretary of state. 

Treasurer.—The treasurer is custodian of the 
funds of the State. He receives the State’s revenues 
from the auditor, and pays them out only upon the 
auditor’s warrant, keeping an accurate account of all 
sums paid. The treasurer and the auditor (and also 
the secretary of state when he handles State funds) 
give heavy bonds for the faithful performance of 
their duties. 

Attorney-General.—The attorney-general is a 
lawyer who acts as attorney for the State in law 
cases to which the State is a party. His duties per¬ 
tain chiefly to the higher courts of the State. He is 
the legal adviser of the State officers, and, when 
requested by them, gives opinions upon points of law. 

He prosecutes persons who are indebted to the 
State, and assists in bringing to justice those charged 
with crime. He represents the State in its legal 
business in the supreme court at Washington, and in 
the other courts of the United States. 


EXECUTIVE DEPARTMENT 


89 


Superintendent of Public Instruction. — The 

superintendent of public instruction has charge of 
the public school system, and thus superintends one 
of the largest interests of the State. He has the 
general management of State teachers’ institutes, 
and in most States he has an official connection with 
the State university and the State normal schools, 
, either as a member of the faculty or as president or 
secretary of the board of trustees. 

He is an officer of, and usually president of, the 
State board of education, a body generally consisting 
of from three to seven members, and in most States 
composed, in part, of other high officers of the State. 
The State board of education decides questions of 
school law, and performs other important duties 
varying in different States. 

The superintendent of public instruction makes an 
annual or biennial report to the legislature, showing 
the condition of the public schools and suggesting 
amendments to the system. In many States the 
superintendent is appointed by the governor; in 
others he is elected by the State board of education, 
and, as president or secretary of that board, is ex 
officio superintendent of public instruction. 

Other Officers. — adjutant-general is the active 
officer of the State militia. 

The commissioner of agriculture, sometimes called 
the secretary of the board of agriculture, looks after 
the agricultural interests of the State. 

The commissioner of insurance has the general 
oversight of the insurance companies doing business 
in the State. 


90 


THE STATE. 


The railway commissioners assess the value of 
railway property, and to a limited extent regulate 
charges on railway lines. 

The register of the land office^ or land commis¬ 
sioner, keeps in his office the patents or title-deeds 
of land issued by the State in its early settlement, 
and furnishes copies of land patents and warrants to 
those who desire them. In a few States this officer 
is elected by the people. 

The State librarian has charge of the State library, 
and in some States is superintendent of the State 
buildings at the capital. 

In a few States there are other executive officers, 
among whom may be named : 

A surveyor-general, who surveys the public lands, 
and keeps in his office maps of counties and town¬ 
ships ; 

A State engineer, who superintends the construc¬ 
tion and repair of canals and levees; 

A commissioner of statistics, who collects statistics 
relating to public interests ; 

A commissioner of immigration, who attends to 
the interests of immigrants ; 

A labor commissioner, who looks after the interests 
of the laboring classes ; 

A bank inspector, or superintendent of banking, 
who inspects State banks for the protection of the 
public; and 

A State examiner, who investigates the conduct 
of State institutions, and inspects the State offices, 
in order to secure honesty and efficiency in public 
affairs. 


SUGGESTIVE QUESTIONS. 


91 


In some States two or more of these offices are 
combined, and in others their duties are performed 
by the higher officers of the State. 

SUGGESTIVE QUESTIONS. 

1. What is the term of office and wh^t the name of the gov¬ 
ernor of this State ? 

2. What are the age and the length of residence required of 
him ? 

3. How many terms can he serve in succession ? 

4. Has this State a lieutenant-governor 

5. If so, name his qualifications. 

6. What is the great seal of the State ? 

7. What is the necessity of an auditor ? 

8. Why should the superintendent of public instruction make 
a report ? 

QUESTION FOR DEBATE. 

Resolved, That the governor should hold the power of veto. 


CHAPTER X. 

THE ST KT'E.—{Continued), 

JUDICIAL DEPARTMENT. 

Purposes. —The judicial department of the State 
government exists for the sole purpose of adminis¬ 
tering justice; that is, for the purpose of interpret¬ 
ing the laws and of applying them to particular cases. 
The legislature makes the laws, but it can not execute 
them. The governor recommends the passage of 
certain laws, and holds the veto power ; but he has no 
law-making power, nor can he try the most trivial suit. 

So the judiciary has no voice in making or in 
executing the laws, its sole function being to decide 
their meaning and to apply them in securing justice. 
The legislative and executive departments may 
assist, but it is the peculiar province of the judiciary 
to protect society and to maintain the rights of 
the people. 

Supreme Court. —The higher courts of the State 
are of two classes—those whose jurisdiction includes 
the entire State, and those whose jurisdiction is con¬ 
fined to particular districts. 

The Supreme Court, called in some States the 
Court of Appeals, is the highest court of the State. 
The number of the judges of the supreme court 
varies in the different States, there being a chief 
justice and from two to eight associate justices in 
each State. 


JUDICIAL DEPARTMENT, 


93 


In some States the justices are elected by the 
people ; in others they are elected by the legislature ; 
and in some they are appointed by the governor, and 
confirmed by the Senate. 

The term of office is lengthy, not less than four 
years in any State, except Vermont, where it is two 
years; six, seven, eight, nine, ten, twelve, fourteen, 
or fifteen years in most States; twenty-one years 
in Pennsylvania; during good behavior in Massa¬ 
chusetts ; until the judges are seventy years of age 
in New Hampshire; and practically for life in Rhode 
Island. 

The jurisdiction of the supreme court, or court of 
appeals, extends over the entire State. It holds 
sessions at the State capital, and in some States at 
other prominent places, and is chiefly engaged in the 
trial of cases in which appeals have been taken from 
the decisions of the lower courts. 

Its decision is final, but in cases in which it is 
alleged that the State law is in conflict with the con¬ 
stitution or laws of the United States, appeals may 
be taken to the United States Supreme Court at 
Washington. 

District, or Circuit Court.—The people most 
commonly resort to the district court, circuit court, 
or superior court, as it is variously called in different 
States, to secure justice. In it are tried the great 
body of important civil and criminal cases, and also 
appeals from the lower courts. 

The jurisdiction of the district court is limited to 
a district created by the State constitution or by 
act of the State legislature. In some cases the dis- 


94 


THE STATE. 


trict consists of a single county; usually it includes 
two or more counties, the court being held succes¬ 
sively in each county of the district. 

In each district there is usually one district judge, 
who is elected by the people, appointed by the gov¬ 
ernor, or elected by the legislature. 

The term of office in most States is four, six, or 
eight years. 

In some of the districts of certain States there are 
criminal courts having jurisdiction in criminal cases, 
and chancery courts or courts of common pleas 
having jurisdiction in certain civil cases. 

In some States there is a high court of chancery 
having State jurisdiction, and in others there is a 
superior court which has State jurisdiction, and 
whose rank is between the supreme court and the 
district courts. 


TERRITORIES. 

Organization.—Congress organizes the public 
domain into Territories, fixes their boundaries, and 
establishes their governments. The act of organiza¬ 
tion is passed as soon as the population is dense 
enough to require governmental authority. 

Executive Department.—The governor and the 
secretary are appointed by the President of the 
United States, with the consent of the United States 
Senate, and serve for four years, unless removed. 
The governor appoints a treasurer, an auditor or 
comptroller, a superintendent of public instruction, a 
librarian, and in some cases several other territorial 
officers. 


TERRITORIES. 


95 


Legislative Department.—The legislature con¬ 
sists of a council, usually of twelve members, and a 
house of representatives of twenty-four members 
elected by the people of the Territory. The council 
is the upper house of the legislature, and is some¬ 
times called the Senate. Although the governor and 
the legislative assembly rule the Territory, all laws 
passed by them must be submitted to Congress, and, 
T disapproved, they become null and void. 

Judicial Department.—The judiciary consists of 
a supreme court and inferior courts. The chief jus¬ 
tice and two or more associate justices of the su¬ 
preme court are appointed for four years by the Pres¬ 
ident, with the consent of the Senate. The inferior 
courts are established by the territorial legislature. 

Representation in Congress.—Each Territory 
elects a delegate to the Congress of the United 
States. Territorial delegates serve upon committees, 
and have the right to debate, but not to vote. Their 
real duties are as agents of their respective Territories. 

Laws.—Territories are governed by the laws of 
Congress, by the common law, and by the laws passed 
by the territorial legislatures. The governor may 
pardon offenses against territorial laws, and may 
grant reprieves for offenses against the laws of Con¬ 
gress, until the cases can be acted upon by the 
President. 

Local Affairs.—The local interests of a Territory 
are similar to those of a State. Taxation, schools, 
public works, and the administration of justice are 
supported by the people. The people of the Terri¬ 
tories have no voice in the election of President, and 


96 


THE STATE, 


none in the government of the United States except 
through their delegates in Congress. 

Purposes.—The chief purposes of the territorial 
government are to give the people the protection of 
the law, and to prepare the Territory for admission 
into the Union as a State. A State is a member of 
the Union, with all the rights and privileges of self- 
government ; a Territory is under the Union, subject 
at all times, and in all things, to regulation by the 
government of the United States. 

All the States, except the original thirteen (includ¬ 
ing Maine, Vermont, Kentucky, and West Virginia) 
and California and Texas, have had territorial gov¬ 
ernments. A Territory is not entirely self-govern¬ 
ing ; it may be called a State in infancy, requiring the 
special care of the United States to prepare it for 
statehood and for admission into the Union upon an 
equal footing with the original States in all respects.” 

Arizona, New Mexico, Oklahoma, and Hawaii 
illustrate the territorial form of government described 
above. The following are exceptions to the rule: 

Alaska.—By an act establishing a civil government 
for Alaska, Congress created a district government, 
providing for a governor and a district court, but not 
for any legislature. Congress itself makes laws for 
Alaska. 

Indian Territory.—This is another exception to 
the general rule of territorial government. In 1832 
it was set apart as the home of the Indian tribes. 
Each tribe is supreme on its own reservation in the 
regulation of its domestic concerns. There is there¬ 
fore no organized territorial government. 


SUGGESTIVE QUESTIONS, 


97 


The District of Columbia is neither a State nor 
a Territory. It resembles a Territory in being 
directly governed by Congress in such manner as 
that body may choose, but it differs from a Terri¬ 
tory since it can never become a State. 

It is not represented in the government of the 
United States, and its inhabitants have no voice in 
local matters. Its affairs are administered by three 
commissioners, appointed by the President, with the 
consent of the Senate, and they are subject to the 
laws of Congress. 

Porto Rico and the Philippines have each a legis¬ 
lature and are governed much like a Territory; but 
their people are not citizens of the* United States. 
They are practically colonies. 

SUGGESTIVE QUESTIONS. 

1. Is it better that judges be elected, or that they be ap¬ 
pointed ? Why ? 

2. Why should a judge’s term of office be lengthy 

3. Who is chief justice of this State 1 

4. Who is the judge of the circuit or district court of this 
district ? 

5. At what dates does this court hold sessions in this county 1 

6. How many organized Territories now in the United States ? 
Give their names. 

7. When did this State cease to be a Territory ? 

8. Why should delegates from the Territories not have the 
privilege of voting in Congress ? 

QUESTION FOR DEBATE. 

Resolved, That the judges of the higher courts should be 
appointed by the governor, and hold their positions during life 
and good behavior. 

Pbt. C. Go.—7 


CHAPTER XL 


THE UNITED STATES. 

Introductory.—Each division of government which 
we have considered exists for only a part of the whole 
people. The government of one State has no author¬ 
ity over the people of other States ; but the govern¬ 
ment of the United States, often called the national 
government or federal government, is for the good of 
the entire country, and its authority is over the whole 
people. 

All these divisions of government—the family, the 
school, the township or civil district, the county, the 
State, and the United States—are dependent upon one 
another. 

If family government were destroyed, society would 
be ruined and other governments would be worthless. 

If there were no schools, the people would be so 
ignorant that free government would be impossible. 

If the township or civil district were neglected, 
local government would be inefficient. 

If the States were blotted out, the national govern¬ 
ment would assume all power, and the freedom of 
the people would be greatly abridged, and perhaps 
finally lost. 

If the national government were dismembered, 
the States would be weak, helpless, at war with one 
another, and at the mercy of foreign nations. 

The distribution of power among the several politi- 
(98) 


FORM OF GOVERNMENT. 


99 


cal organizations prevents any of them from assum¬ 
ing too much authority, and thus tends to preserve 
the liberties of the people. 

Formation. —The national government is based 
upon the Constitution of the United States. It was 
formed by the union of the several States under the 
Constitution, and its powers are set forth in that 
instrument. The thirteen original States ratified the 
Constitution of the United States between December 
7, 1787, and May 29, 1790, and thus organized the 
national government. It thus became, and has con¬ 
tinued to be, the government of the whole people, 
“ by the people and for the people.” 

FORM OF GOVERNMENT. 

The national government, like the government of 
each State, is a republic; that is, the authority is exer¬ 
cised by the representatives of the people. As all 
power resides in the people, our government is called 
a democracy. As the people elect officers or repre¬ 
sentatives to act for them in the performance of 
public duties, it is called a representative democracy. 

Our system of government is different from those 
of all other nations, because part of the political power 
is vested in the State, and part in the nation; that 
is, in the United States. 

The national Constitution enumerates the powers 
which may be exercised by the national government, 
and reserves all other pow'ers “ to the States respec¬ 
tively, or to the people.” Because of this dual or 
double character of our system of government, John 
Quincy Adams called it “ a complicated machine.” 
LOTV' 


lOO 


THE UNITED STATES. 


Purposes. —The purposes of the national govern¬ 
ment are clearly and forcibly set forth in the “ pream¬ 
ble,” or opening clause, of the Constitution of the 
United States; 

1. ‘‘To form a more perfect union 

2. “To establish justice;'' 

3. “To insure domestic tranquillity 

4. “To provide for the common defense; " 

5. “To promote the general welfare; " 

6. “To secure the blessings of liberty to ourselves 
and our posterity.” 

Before the Revolutionary war, the American colo¬ 
nies were subject to Great Britain. By the Declara¬ 
tion of Independence these colonies became “ free 
and independent States.” During the period between 
the Declaration of Independence and the adoption 
of the national Constitution, the union between the 
States was weak and unsatisfactory. 

Instead of there being “ domestic tranquillity,” the 
States were engaged in constant quarrels. There 
was no power to provide for the “ common defense ” 
of the people against foreign enemies; each State 
must protect itself as best it could. No provision 
could be made for the “ general welfare ” by the pas¬ 
sage and enforcement of broad measures for the whole 
country. Under the Articles of Confederation, as 
was said at that time, the States might “ declare 
everything, but do nothing.” The adoption of the 
national Constitution and the formation of the na¬ 
tional government made the inhabitants of the States 
one people, and have since brought the United States 
to be “ the first of the nations of the earth.” 



CITIZENS. 


lOI 


Functions. —The functions of the national govern¬ 
ment are numerous and important. In adopting the 
national Constitution, the States delegated or ceded 
to the United States those powers which are neces¬ 
sary to the strength and greatness of a nation. 

The national government administers those public 
affairs which concern the whole people, such as the 
regulation of commerce, the granting of patents, and 
the coinage of money; and also those which pertain 
to the United States as a nation dealing with other 
nations, such as declaring war and making treaties of 
peace. 

The subjects upon which the national Congress 
may enact laws, and consequently the subjects in¬ 
cluded in the functions of the national government, 
are enumerated in Section 8, Article 1 . of the Constitu¬ 
tion. 

CITIZENS. 

The people who reside in the United States are 
either citizens or aliens. The national Constitution 
declares that “ All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, 
are citizens of the United States and of the State 
wherein they reside.’* Women and children are citi- 
zens, though not entitled to vote. 

A citizen is a member of the body politic, bound to 
allegiance, and entitled to protection at home and 
abroad. He can renounce his allegiance—that is, lay 
down his citizenship—by becoming the subject of 
some other country. Wherever he goes, until he 
renounces his allegiance, he is a citizen of the United 
States, and is shielded from insult by the might and 


102 


THE UNITED STATES. 


majesty of the whole nation. Citizenship is therefore 
valuable for its protection abroad, as well as for its 
rights and privileges at home. 

Naturalization. —Naturalized citizens are persons 
of foreign birth who have become citizens by naturali¬ 
zation, after a continuous residence of at least five 
years in the United States. A foreigner is naturalized 
by appearing in court, declaring his intention to be¬ 
come a citizen of the United States, and his purpose 
to renounce all allegiance to foreign governments. 
After two years more, he must appear in open court, 
renounce upon oath all foreign allegiance, and swear 
to support the Constitution of the United States. 
If he bears any title of nobility, he must renounce 
it. Naturalized citizens have all the rights and 
privileges that belong to native-born citizens, except 
that no naturalized person can become President or 
Vice President of the United States. 

Rights. —The Constitution of the United States 
does not contain a formal bill of rights, as do most of 
the State constitutions, but it names the following 
as among the rights of citizens : 

(1) “ The citizens of each State shall be entitled 
to all privileges and immunities of citizens of the 
several States ’ ’; 

That is, a citizen who removes into another State 
shall enjoy all the rights and privileges that belong 
to its citizens. 

(2) “ A person charged in any State with treason, 
felony, or other crime, who shall flee from justice, and 
be found in another State, shall, on demand of the 
executive authority of the State from which he fled, 


CITIZENS, 


103 


be delivered up, to be removed to the State having 
jurisdiction of the crime.” A demand for the deliv¬ 
ery of a fugitive criminal is called a requisition, 

(3) “ No person held to service or labor in one 
State under the laws thereof, escaping into another, 
shall, in consequence of any law or regulation therein, 
be discharged from such service or labor ; but shall 
be delivered up on claim of the party to whom such 
service or labor may be due.” 

This provision refers to the capture and return 
of fugitive slaves, and is rendered void by the aboli¬ 
tion of slavery. 

(4) “ A well-regulated militia being necessary to 
the security of a free State, the right of the people to 
keep and bear arms shall not be infringed.” 

This clause does not authorize the carrying of 
concealed weapons. 

(5) “ No soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner, 
nor in time of war but in a manner to be prescribed 
by law.” 

(6) “ The right of the people to be secure in their 
persons, houses, papers, and effects, against unreas¬ 
onable searches and seizures, shall not be violated; 
and no warrants shall issue but upon probable cause, 
supported by oath or affirmation, and particularly 
describing the place to be searched and the persons 
or things to be seized.” 

(7) a, “No person shall be held to answer for a 
capital or otherwise infamous crime, unless on a 
presentment or indictment of a grand jury, except 
in cases arising in the land or naval forces, or in the 


104 


THE UNITED STATES. 


militia when in actual service, in time of war or. pub¬ 
lic danger; 

b. Nor shall any person be subject for the same 
offense to be twice put in jeopardy of life or limb, 
nor shall be compelled, in any criminal case, to be 
a witness against himself; 

c. Nor be deprived of life, liberty, or property 
without due process of law; 

d. Nor shall private property be taken for public 
use without just compensation.” 

The first part of this clause secures a civil trial 
to every private citizen. The land and naval forces, 
and the militia when in actual service, are under 
military law, usually called martial law. 

(8) “ In all criminal prosecutions the accused shall 
enjoy the right 

a. ‘‘ To a speedy and public trial by an impartial 
jury of the State and district wherein the crime 
shall have been committed, which district shall have 
been previously ascertained by law; 

b. ‘‘To be informed of the nature and cause of the 
accusation; 

c. “To be confronted with the witnesses against 
him ; 

d. “To have compulsory process for obtaining wit¬ 
nesses in his favor; 

e. “And to have the assistance of counsel for his 
defense.” 

(9) “ In suits at law where the value in contro¬ 
versy shall exceed twenty dollars, the right of trial 
by jury shall be preserved, and no fact tried by a jury 
shall be otherwise re-examined in any court of the 


NATURE OF THE CONSTITUTION 


105 

United States than according to the rules of the 
common law.” 

(10) “ Excessive bail shall not be required, nor ex¬ 
cessive fines imposed, nor cruel and unusual punish¬ 
ment inflicted.” 

(11) “Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party 
shall have been duly convicted, shall exist within the 
United States or any place subject to their juris¬ 
diction.” 

(12) “The right of citizens of the United States 
to vote shall not be denied or abridged by the United 
States, or by any State, on account of race, color, or 
previous condition of servitude.” 

(13) “The enumeration in the Constitution of cer¬ 
tain rights shall not be construed to deny or disparage 
others retained by the people.” 

ALIENS. 

Aliens are subjects of foreign governments. They 
are not citizens of this country, and, in general, have 
no right to take part in its political affairs. Through¬ 
out the Union aliens have full social and moral rights; 
in some States their property rights are restricted; 
and in a few States they have certain political 
rights. 


NATURE OF THE CONSTITUTION. 

The Constitution of the United States is the su¬ 
preme law of the whole land. It is a written instru¬ 
ment, and is often called the fundamental law. 

Neither the laws of any State nor the laws of the 


io6 


THE UNITED STATES. 


United States must conflict with the Constitution. 
It is the basis of our system of government, the 
model upon which all State constitutions are framed, 
and the foundation of our greatness as a people. It 
defines the limits of the national government, and 
enumerates the powers of each of its departments. 
It declares what public interests are within the scope 
of the national government, reserves certain powers 
to the States, and provides that neither State nor 
nation shall enact certain specified laws. 

Formation.—The national Constitution was framed 
by a convention of delegates from twelve of the thir¬ 
teen original States, Rhode Island alone being un¬ 
represented. The convention was called for the 
purpose of revising the Articles of Confederation 
under which the States were at the time united. 

The convention met at Philadelphia, on Monday, 
May 14, 1787, and organized on the 25th day of the 
same month by electing as its president George 
Washington, one of the delegates from Virginia. 
The Articles of Confederation were readily seen to be 
inadequate to the purposes of a national government, 
and the convention proceeded to draught a “ Consti¬ 
tution for the United States of America.” 

The convention completed its labors, submitted 
the Constitution to the several States for their ratifi¬ 
cation, and adjourned on the 17th of September, 1787. 
All the States ratified the Constitution, the last being 
Rhode Island, whose convention, called for the pur¬ 
pose, passed the ordinance of ratification, May 29, 
1790. 

Necessity. —The necessity for a written national 


NATURE OF THE CONSTITUTION. 


107 


constitution is readily seen. The preamble states 
the purposes of the Constitution, which are also the 
purposes of the national government. The Constitu¬ 
tion defines the limits of State and of national power, 
and thus prevents conflicts of authority which would 
otherwise arise between the State and the United 
States. Through the Constitution, the people, who 
are the sources of all just authority, grant to the 
government certain powers, and reserve all other 
powers to themselves. The Constitution prescribes 
the functions of each department of the government, 
and thus preserves the liberties of the people by pre¬ 
venting either Congress, the executive department, 
or the judiciary from exercising powers not granted 
to it. 

Amendment.—The Constitution prescribes two 
methods by which it may be amended : 

1. By a two thirds vote of both houses Congress 
may propose to the several States amendments 
to the Constitution. 

2. Upon the application of two thirds of the States, 
Congress shall call a convention of delegates 
from the several States for proposing amend¬ 
ments. 

An amendment proposed by either method, “ when 
ratified by the legislatures of three fourths of the 
States, or by conventions in three fourths thereof, 
shall be valid to all intents and purposes as a part of 
this Constitution.’' 

Nineteen amendments have been proposed by 
Congress, and fifteen of these have been ratified by 
three fourths of the State legislatures, and have 


io8 


THE UNITED STATES. 


become parts of the Constitution. The other four 
proposed amendments were rejected. Congress has 
never called a convention to propose amendments, 
and no State has ever called a convention to consider 
those amendments proposed by Congress. 

Departments. —The functions of each branch of 
government are carefully marked in the Constitu¬ 
tion, and the people and their representatives jeal¬ 
ously guard the rights of each department. They 
believe that the duties of the law-making power, 
those of the law-enforcing power, and those of the 
law-explaining power can not be too clearly separated. 
If the same officers could make the law, enforce the 
law, and explain the law, there would be no limit to 
their authority, and therefore no security to the 
people. 

The framers of the Constitution were wise men ; 
they had seen the abuse of power by Great Britain 
while the colonies were under her sway, and they 
determined to guard the liberties of the people by 
forever separating the legislative, the executive, and 
the judicial functions. Their example has been fol¬ 
lowed in the constitutions of all the States. 

The President has no right to interfere with the 
decisions of the courts, and, except by his veto, can 
not interfere with the action of Congress. 

Congress can not question the decisions of courts, 
nor can it interfere with the legal actions of the 
President, except that the Senate may refuse to con¬ 
firm his appointments to office. 

Even the Supreme Court of the United States can 
not call in question the official acts of the President, 


SUGGESTIVE QUESTION’S. 


109 


SO long as he conforms to the law; nor has it any 
power over the acts of Congress, except merely to 
decide upon the constitutionality of the laws when 
they are properly brought before it. 

While, therefore. Congress and the President have 
some remote influence upon the actions of each 
other, neither has the slightest right to invade the 
functions of the Supreme Court, or of any other 
court, even the humblest in the land. 

SUGGESTIVE QUESTIONS. 

1. Why do foreigners become naturalized ? 

2. What is a title of nobility ? 

3. What officer of a State makes requisition for the delivery 
of a criminal held by another State ? 

4. When was slavery abolished in the United States ? 

5. What is the purpose of a militia force ? 

6. What is a capital crime ? 

7. Why is the accused entitled to a speedy and public trial ? 

8. Why is the Constitution called the fundamental law ? 

9. Read in'the history of the United States the account of 
the formation of the Constitution. 

10. How many States were needed to ratify the Constitution 
in order that it might go into effect ? 

11. Read the fifteen amendments to the Constitution. 

12. Can you name any proposed amendments that have been 
recently advocated ? 

QUESTION FOR DEBATE. 

Resolved, That a written constitution is best for a free 
country. 


CHAPTER XII. 


THE UNITED STATES— 

LEGISLATIVE DEPARTMENT. 

Congress.—The legislative authority of the na¬ 
tional government is vested in the Congress of the 
United States, consisting of a senate and a house of 
representatives. The senators represent the States, 
and the representatives represent the people. Con¬ 
gress holds annual sessions at the city of Washington, 
the seat of the national government. A measure 
must pass both houses, and be approved by the 
President, in order to become a law; or if vetoed, it 
fails, unless it again passes both houses by a two 
thirds vote. 

Senators and representatives receive an annual 
salary of five thousand dollars each ; and are allowed 
mileage, or traveling expenses, of twenty cents for 
each mile in going to and returning from the session 
of Congress. 

Privileges of the Houses. —There are certain 
constitutional privileges guaranteed to Congress in 
order that its action in legislation may be free from 
undue influence from other departments of the gov¬ 
ernment. 

“The times, places, and manner of holding elec¬ 
tions for senators and representatives shall be pre¬ 
scribed in each State by the legislature thereof; but 
(no) 


LEGISLATIVE DEPARTMENT. 


Ilf 


th-e Congress may, at any time, by law, make or alter 
such regulations, except as to the places of choosing 
senators/" 

** Each house shall be the judge of the elections, 
returns, and qualifications of its own members;** 
that is, each House declares who are entitled to 
membership therein. 

** Each house may determine the rules of its pro¬ 
ceedings, punish its members for disorderly conduct, 
and with the concurrence of two thirds expel a mem¬ 
ber.** 

Each house keeps and publishes a journal of its 
proceedings, ** excepting such parts as may, in their 
judgment, require secrecy; and the yeas and nays of 
the members of either house, on any question, shall, 
at the desire of one fifth of those present, be entered 
on the journal.** 

“ Neither house, during the session of Congress, 
shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than 
that in which the two houses shall be sitting.** 
Privileges and Disabilities of Members. —The 
Constitution of the United States sets forth the fol¬ 
lowing privileges and disabilities relating to member¬ 
ship in both the Senate and the House of Repre¬ 
sentatives : 

(i) “ The senators and representatives shall receive 
a compensation for their services, to be ascertained 
by law, and paid out of the treasury of the United 
States. 

They shall in all cases except treason, felony, and 
breach of the peace be privileged from arrest during 


II2 


THE UNITED STATES. 


their attendance at the session of their respective 
houses, and in going to and returning from the 
same; and for any speech or debate in either house 
they shall not be questioned in any other place.” 

(2) “ No senator or representative shall, during the 
time for which he was elected, be appointed to any 
civil office under the authority of the United States 
which shall have been created, or the emoluments 
whereof shall have been increased, during such time; 
and no person holding any office under the United 
States shall be a member of either house during his 
continuance of office.” 

The purpose of the first part of this clause is to 
prevent members of Congress from voting to create 
offices, or to affix high salaries to offices, with the 
hope of being appointed to fill them. 

(3) “ The senators and representatives before men¬ 
tioned, and the members of the several State legis¬ 
latures, and all executive and judicial officers both 
of the United States and of the several States, shall 
be bound by oath or affirmation to support this 
Constitution; but no religious test shall ever be re¬ 
quired as a qualification to any office or public trust 
under the United States.” 

(4) “No person shall be a senator or representative 
in Congress, or elector of President and Vice Presi¬ 
dent, or hold any office, civil or military, under the 
United States, or under any State, who, having pre¬ 
viously taken an oath as a member of Congress, or as 
an officer of the United States, or as a member of any 
State legislature, or as an executive or judicial offi¬ 
cer of any State, to support the Constitution of the 


LEGISLA TIVE DEPAR TMENT. \ \ 3 

United States, shall have engaged in insurrection 
or rebellion against the same, or given aid and com¬ 
fort to the enemies thereof. But Congress may, by 
a vote of two'thirds of each House, remove such 
disability.” 

The purpose of the clause was to exclude from 
office all those who had sworn, as officers of the State 
or the nation, to support the Constitution of the 
United States, and who afterward engaged in war 
against the Union. An act of Congress enabling 
them to hold office was called a removal of their 
disabilities. This clause of the Constitution is prac¬ 
tically void as regards all past offenses, as the dis¬ 
abilities of nearly all to whom it applied have been 
removed by Congress. 

Powers of Congress.—Congress has power: 

(1) To levy and collect taxes, duties on imported 
goods, and revenues from articles of manufacture, 
“ to pay the debts and provide for the common de¬ 
fense and general welfare of the United States.” 

(2) “To borrow money on the credit of the United 
States.” 

The usual method of borrowing money is to issue 
government bonds, which are promises to pay the 
sums specified in them at a given time, with interest 
at a given rate. The bonds are sold, usually at their 
face value, and the proceeds applied to public pur¬ 
poses. United States bonds can not be taxed by a 
State. 

(3) “To regulate commerce with foreign nations, 
and among the several States, and with the Indian 
tribes.” 

C Oo.—« 


THE UNITED STATES. 


114 

(4) “To establish a uniform rule of ^laturalization^ 
and uniform laws on the subject of bankruptcies, 
throughout the United States." 

(5) “ To coin money; regulate the value thereof, 
and of foreign coin; and fix the standard of weights 
and measures/" 

(6) “To provide for the punishment of counter¬ 
feiting securities and current coin of the United 
States." 

(7) “To establish post-offices and post-roads."" 

(8) To promote the progress of science and useful 
arts, by securing for limited times, to authors and 
inventors the exclusive right to their respective 
writings and discoveries;’" 

That is, to grant copyrights to authors, and to 
issue patents to inventors. 

(9) “To constitute tribunals inferior to the 
supreme court.” 

(10) “To define and punish piracies and felonies 
committed on the high seas, and offenses against the 
law of nations. ” 

Piracy is robbery committed at sea. 

(11) “To declare war; grant letters of marque 
and reprisal, and make rules concerning captures on 
land and water."" 

Letters of marque are commissions issued to private 
parties, authorizing them to cross the frontiers of 
another nation, and to seize the persons and property 
of its subjects. 

Reprisal is the forcible taking of the property or 
persons of the subjects of another nation, in return 
for injuries done to the government granting the 


LEGISLATIVE DEPARTMENT, 


II5 

letters. Vessels carrying letters of marque and 
reprisal are called privateers. 

(12) “To raise and support armies'* 

(13) “To provide and maintain a navy." 

(14) “To make rules for the government and regu¬ 
lation of the land and naval forces.” 

(15) “To provide for calling forth the militia to 
execute the laws of the Union, suppress insurrection 
and repel invasions.” 

(16) “To provide for organizing, arming, and dis¬ 

ciplining the militia, and for governing such part of 
them as may be employed in the service of the 
United States.” , 

(17) “To exercise exclusive legislation ” over the 
District of Columbia, “ and to exercise like authority 
over all places purchased by the consent of the legis¬ 
lature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, 
and other needful buildings.” 

(18) “To make all laws which shall be neces¬ 
sary and proper for carrying into execution the 
foregoing powers and all other powers vested 
by this Constitution in the government of the 
United States, or in any department or officer 
thereof.” 

(19) “Congress may determine the ame of choos¬ 
ing the electors" for President and Vice President of 
the United States, “ and the day on which they shall 
give their votes, which day shall be the same through¬ 
out the United States.” 

(20) “ Congress may, by law, provide for the case 
of removal, death, resignation, or inability of both 


Ii6 


THE UNITED STATES. 


the President and Vice President, declaring what 
officer shall then act as President.*' 

(21) “ The Congress may, by law, vest the ap¬ 
pointment of such inferior officers as they think 
proper, in the President alone, in the courts of law, 
or in the heads of departments.** 

(22) “ The Congress shall have power to declare 
the punishment of treason'* 

(23) “ Full faith and credit shall be given in each 
State, to the public acts, records, and judicial pro¬ 
ceedings of every other State. And the Congress 
may, by general laws, prescribe the manner in which 
such acts, records, and proceedings shall be proved, 
and the effect thereof.*’ 

(24) **New States may be admitted by the Con¬ 
gress into this Union, but no new State shall be 
formed or erected within the jurisdiction of any 
other State, nor any State be formed by the junction 
of two or more States, or parts of States, without 
the consent of the legislatures of the States con¬ 
cerned, as well as of the Congress.** 

(25) ** The Congress shall have power to dispose 
of, and to make all needful rules and regulations re¬ 
specting the territory or other property belonging to 
the United States; and nothing in this Constitution 
shall be so construed as to prejudice any claims of 
the United States or of any particular State.” 

(26) Congress has ” power to enforce, by appropri¬ 
ate legislation,” all provisions of the Constitution. 

Under the authority ” to provide for the general 
welfare of the United States,” Congress exercises 
powers which are implied—that is, understood—but 


LE GISLA TIVE DEPA R TMEN T. 


117 

which are not expressly named in the Constitution. 
The grants of public lands to railway and canal com¬ 
panies, the annual appropriations for the improve- 
ment of rivers and harbors, and numerous similar 
laws are based upon implied powers. 

Forbidden Powers. —The following powers are 
expressly denied to the national government: 

(i) “The privilege of the writ of habeas corpus 
shall not be suspended unless when, in cases of rebel¬ 
lion or invasion, the public safety may require it.’* 

Habeas corpus means “ Thou mayst have the 
body.” A person in prison, claiming to be unlaw¬ 
fully detained, or the friend of such a person, applies 
to the judge of a court for a writ of habeas corpus. 
The judge issues the writ, which directs the officer 
to bring the body of the prisoner into court at a cer¬ 
tain time and place, in order that the legality of the 
imprisonment may be tested. 

The case against the prisoner is not tried under the 
writ of habeas corpus, but the judge inquires whether 
any crime is charged, or whether there is a legal cause 
for the arrest. If the imprisonment is illegal, the 
judge orders the prisoner released; if the prisoner is 
lawfully held, the judge remands him to prison. This 
writ secures the freedom of every person unless de¬ 
tained upon legal charges. Therefore, there is no 
power in this wide country that can arrest and im¬ 
prison even the humblest citizen except upon legal 
grounds. The writ of habeas corpus is the most fa 
mous writ known to the law, the strongest safeguard 
of the personal liberty of the citizens, and is regarded 
with almost a sacred reverence by the people. 


Il8 THE UNITED STATES. 

(2) No bill of attainder or ex post facto law shall 
be passed ” by Congress. 

A bill of attainder is an act of a legislative body 
inflicting the penalty of death without a regular trial. 
An ex post facto law is a law which fixes a penalty 
for acts done before the law was passed, or which 
increases the penalty of a crime after it is com¬ 
mitted. Laws for punishing crime more severely 
can take effect only after their passage; they can 
not affect a crime committed before they were 
passed. 

(3) “No tax or duty shall be laid on articles ex¬ 
ported from any State. No preference shall be given, 
by any regulation of commerce or revenue, to the 
ports of one State over those of another; nor shall 
vessels bound to or from one State be obliged to 
enter, clear, or pay duties in another.” 

(4) “No money shall be drawn from the treasury 
but in consequence of appropriations made by law, 
and a regular statement and account of the receipts 
and expenditures of all public money shall be pub¬ 
lished from time to time.” 

(5) “ No title of nobility shall be granted by the 
United States, and no person holding any office of 
profit or trust under them shall, without the consent 
of Congress, accept of any present, emolument, office, 
or title of any kind whatever, from any king, prince, 
or foreign State.” 

(6) “ Congress shall make no law respecting estab¬ 
lishment of religion, or prohibiting the free exer¬ 
cise thereof; or abridging the freedom of speech or 
of the press; or the right of the people peaceably to 


THE UNITED STATES SENATE. 


iig 

assemble, and to petition the government for a re¬ 
dress of grievances.” 

(7) “ The validity of the public debt of the United 
States, authorized by law, including debts incurred 
for payment of pensions and bounties for services 
in suppressing insurrection or rebellion shall not be 
questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation in¬ 
curred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emanci¬ 
pation of any slave; but all such debts, obligations, 
and claims shall be held illegal and void.” 

The Constitution of the United States forbids the 
national government from exercising certain other 
powers, relating principally to slavery; but such de¬ 
nials are rendered useless by the freedom of the 
slaves. 


THE UNITED STATES SENATE. 

The Senate is composed of two senators from each 
State, elected by the legislature ; and therefore each 
State has an equal representation, without regard to 
its area or the number of its people. 

The term of office of a United States senator is 
six years, and one third of the Senate is elected every 
two years. 

A senator must be thirty years old, must have 
been for nine years a citizen of the United States, 
and must be an inhabitant of the State for which he 
shall be chosen. 

A vacancy which occurs in any State’s representa¬ 
tion in the United States Senate, when the legisla- 


120 


THE UNITED STATES. 


ture is not in session, is filled by appointment by the 
governor of the State, until the legislature meets 
again and fills the vacancy by election. 

The Vice President of the United States \s> ex officio 
president of the Senate, but has no vote except when 
the Senate is equally divided upon a question. The 
Senate elects its other officers, including a president 
pro tempore^ or temporary president, who presides 
when the Vice President is absent. 

The Senate is a continuous body; that is, it is always 
organized, and when it meets it may proceed at once 
to business. 

When the House of Representatives impeaches an 
officer of the United States, the impeachment is tried 
before the Senate sitting as a court. 

The Senate has the sole power to try impeachments, 
and it requires two thirds of the senators present to 
convict. Judgment in cases of impeachment shall 
not extend further than to removal from office, and dis¬ 
qualification to hold and enjoy any office of honor, 
trust, or profit under the United States; but the 
party convicted shall, nevertheless, be liable and sub¬ 
ject to indictment, trial, judgment, and punishment 
according to law. 

All treaties made by the President of the United 
States with foreign countries must be laid before the 
Senate for ratification. If two thirds of the Senate 
vote for the treaty, it is ratified ; otherwise, it is 
rejected. 

Treaties are compacts or contracts between two or 
more nations made with a view to the public welfare 
of each, and are usually formed by agents orcommis- 


HOUSE OF REPRESENTATIVES. 


I2I 


sioners appointed by the respective governments of 
the countries concerned. 

HOUSE OF REPRESENTATIVES. 

The House of Representatives, often called the 
lower House of Congress, is a much larger body than 
the Senate. The last apportionment of representa¬ 
tives, made in 1901, gave the House three hundred 
and eighty-six members, and this went into effect 
with the Fifty-eighth Congress, beginning on the 4th 
of March, 1903. 

A census of the people is made every ten years, 
and upon this as a basis Congress fixes the number 
of representatives for the entire country, and the 
number to which each State shall be entitled for the 
next ten years thereafter. Each legislature divides 
the State into as many Congress districts as the State 
is entitled to representatives, and each district elects 
a representative by direct vote of the people. 

The term of office is two years, and the terms of 
all representatives begin and end at the same time. 

A representative must be twenty-five years old, 
must have been a citizen of the United States seven 
years, and must be an inhabitant of the State in 
which he is elected. 

A vacancy in a State’s representation in the lower 
house of Congress is filled by special election called 
by the governor for that purpose. 

“All bills for raising revenue’’—that is, all bills 
providing for taxation—“ must originate in the House 
of Representatives; but the Senate may propose or 
concur with amendments, as in other bills.” Taxation 


122 


THE UNITED STATES. 


is called the strongest function of government, and 
therefore the Constitution provides that the first step 
must be taken by the House of Representatives, 
because its members are elected by the direct vote 
of the people, and are supposed to represent the peo¬ 
ple’s views. 

The Constitution provides that “ the House of 
Representatives shall have the sole power of impeach¬ 
ment ; ” that is, the House of Representatives must 
formulate and present the charges to the Senate, and 
prosecute the accused at its bar. An impeachment 
by the House of Representatives corresponds to an 
indictment by a grand jury ; specific charges must be 
made before a trial can be held in any court. 

The Speaker. —The speaker is elected by the 
representatives. He is a member of the House, and 
is nominated for the speakership by a convention, or 
caucus, of the representatives who are of his politi¬ 
cal party. In rank he is the third, and in influence 
the second officer of the government. He presides 
over the House, preserves decorum, decides points 
of order, and directs the business of legislation. He 
is the organ of the House, and because he speaks 
and declares its will is called the Speaker. He 
appoints about sixty standing committees, and thus 
largely shapes legislation. As almost all laws are 
matured by the committees, and are passed as the 
result of their work, the political influence of the 
speaker is second only to that of the President. 

The speaker receives three thousand dollars annu¬ 
ally in addition to his salary as a representative. 

The clerk of the preceding House presides during 


HOUSE OF REPRESENTATIVES. 


123 


the election of the speaker. Immediately after his 
election, the speaker is sworn into office by the rep¬ 
resentative of the longest service in the House. He 
then assumes the direction of business, and adminis¬ 
ters the oath to the members as they present them¬ 
selves by States. The House of Representatives is 
reorganized every two years at the opening of the 
first session of each Congress. 

Other Officers. —The other officers of the House 
are the clerk, the sergeant-at-arms, the doorkeeper, 
the postmaster, and the chaplain. They are not 
members of the House. The sergeant-at-arms and 
the doorkeeper appoint numerous subordinates. 

The sergeant-at-arms is the ministerial and police 
officer of the House. He preserves order, under the 
direction of the speaker, and executes all processes 
issued by the House or its committees. The symbol 
of authority of the House is the mace, consisting of 
a bundle of ebony rods surmounted by a globe, upon 
which is a silver eagle with outstretched wings. In 
scenes of disturbance, when the sergeant-at-arms 
bears the mace through the hall of the House at the 
speaker’s command, the members immediately be¬ 
come quiet and order is restored. 

The doorkeeper has charge of the hall of the House 
and its entrances. The postmaster receives and dis¬ 
tributes the mail matter of the members. The chap¬ 
lain opens the daily sessions of the House with prayer. 

SUGGESTIVE QUESTIONS. 

I. Why do not the people pf the United States make their 
laws in person, instead of delegating this power to Congress ? 


124 


THE UNITED STATES. 


2. Is it right that the President should hold the veto power? 

3. Why is each House “judge of the elections, returns, and 
qualifications of its own members” ? 

4. Why are the yeas and nays entered on the Journal ? 

5. Why are senators and representatives privileged from 
arrest during the session, except for certain specified offenses ? 

6. Is it right to grant copyrights and patents ? 

7. What is counterfeiting ? 

8. Should United States senators be elected by the legisla¬ 
ture or by the people ? 

9. How many senators in Congress now ? 

10. Who are the two United States senators from this State ? 

11. What is an impeachment? 

12. How many representatives in Congress from this State ? 

13. Give the name of the representative from this district. 

14. Who at present is speaker of the national House ol 
Representatives ? 

15. Of what State is he a representative ? 

16. Name six of the most important committees of the House 
of Representatives. 

QUESTION FOR DEBATE. 

Resolved, That the members of the President’s cabinet 
should be members of the House of Representatives. 


CHAPTER XIII. 


THE UNITED ST AT RS—{Continued), 
EXECUTIVE DEPARTMENT. 

President: Qualifications. —The executive power 
of the national government is vested in the President 
of the United States. 

The President and the Vice President must be 
natural' born citizens of this country, must have 
attained the age of thirty-five years, and must have 
resided fourteen years in the United States. 

In case of the President’s death, resignation, or 
removal from office, his duties devolve upon the 
Vice President; and if a vacancy occurs in the office, 
the Vice President becomes President of the United 
States. At other times the only duty of the Vice 
President is to preside over the Senate. 

The President receives a salary of fifty thousand 
dollars per year; the annual salary of the Vice 
President is eight thousand dollars. 

Election. —The President holds his office for a 
term of four years, and, together with the Vice 
President chosen for the same term, is elected in the 
following manner: Each of the political parties meets 
in the several States in State conventions during the 
earlier part of the regular year for the election of a 
President, and appoints delegates to the national 
convention of the party. Each party meets in 

(125) 


T 26 


THE UNITED STATES, 


national convention later on in the year, and nomi¬ 
nates the candidates whom it will support for Presi¬ 
dent and Vice President, and puts forth a declaration 
of principles called a “platform.” 

On Tuesday after the first Monday in November 
the people of the several States meet at their usual 
polling-places, and elect as many electors of President 
and Vice President as the State has senators and 
representatives in Congress. For this purpose can¬ 
didates for electors have previously been nominated 
by the several parties naming candidates for Presi¬ 
dent and Vice President. 

The election returns are forwarded to the State 
capital, where they are compared, and the result 
declared by the election board of the State. The 
governor and secretary of state issue certificates to 
the persons chosen as electors of President and Vice 
President. 

On the second Monday in January the electors of 
each State meet at the State capital and cast their 
votes for the candidates of their party for President 
and Vice President. They make, sign, certify, and 
seal three separate lists of their votes for President 
and Vice President; transmit two lists to the presi¬ 
dent of the United States Senate—one by mail and 
the other by special messenger—and file the remain¬ 
ing list with the judge of the United States district 
court of the district in which the electors meet. 

On the second Wednesday in February the United 
States Senate and House of Representatives meet in 
joint session. The president of the Senate opens 
the certificates of votes from all the States, and the 


EXECUTIVE DEPARTMENT. 


127 


votes are then counted. The person having the 
highest number of votes for President is declared 
elected President, if his votes are a majority of all 
the electors elected in the whole Union. 

If no person receives a majority of all the electoral 
votes, then the House of Representatives elects the 
President from the three candidates receiving the 
highest numbers of votes. A quorum for the purpose 
is a representative or representatives from two thirds 
of the States. Each State has one vote, cast as a 
majority of its representatives present directs; and 
a majority of all the States is necessary to elect. 

The person receiving the highest number of votes 
for Vice President is elected Vice President, if his 
votes are a majority of the whole number of electors 
chosen. 

If his votes are not a majority of all the electors, 
then the Senate proceeds to elect the Vice President 
from the two^ candidates receiving the highest num¬ 
ber of votes for Vice President. A quorum for the 
purpose consists of two thirds of the senators from 
all the States. Each senator has one vote, and a 
majority of the whole number is necessary to elect. 

The people do not vote directly for President and 
Vice President, but for electors by whom the Presi¬ 
dent and the Vice President are chosen. The electors 
of all the States are called collectively the electoral 
college. 

The electors may vote for some other person than 
the candidate nominated by their respective parties: 
but no elector has ever chosen to exercise this privi¬ 
lege. They consider themselves in honor pledged 


128 


THE UNITED STATES, 


and instructed to cast their votes for the candidate 
o*f their own political faith. 

The vote of the people for electors is called the 
popular votOy and the vote of the electors for Presi¬ 
dent is called the electoral vote. As has several times 
■happened in our history, a candidate may be elected 
President or Vice President and yet be in a minority 
of the popular vote. 

Inauguration. —On the 4th of March following 
the election the President and the Vice President 
assume the duties of their respective offices amid 
imposing ceremonies. 

The Vice President is first sworn into office in the 
presence of the United States Senate. The following 
oath of office is then administered to the President¬ 
elect by the Chief Justice of the United States 
Supreme Court: “I do solemnly swear (or affirm) 
that I will faithfully execute the office of President 
of the United States; and will, to the best of my 
ability, preserve, protect, and defend the Constitu¬ 
tion of the United States.'* 

In the presence of a vast concourse of citizens the 
President delivers an address, outlining the public 
policy to be pursued during his term of office. There 
is usually a display of civil and military organizations 
representing all sections of the country. The polit¬ 
ical differences of the people are in great part 
forgotten in the enthusiasm attending the inaugu¬ 
ration of the President. 

Official Residence. —The presidential mansion in 
the city of Washington is called the White House. 
It was erected and is maintained by the national 


EXECUTIVE DEPARTMENT. 


129 


government at public expense. Here the President 
resides with his family, and receives private citizens, 
members of Congress, officers of other departments 
of the government, and foreign ministers and dig¬ 
nitaries. 

At his public receptions, held at stated times, he 
may be called upon by the humblest person in the 
land. This shows the spirit of equality which pre¬ 
vails even in the highest station under our system of 
government. Our institutions are based upon the 
principle embodied in the Declaration of Independ¬ 
ence, ‘‘ That all men are created equal.” 

Dignity and Responsibility. —The office of Presi¬ 
dent of the United States is the highest in the gift of 
the people. “ He represents the unity, power, and 
purpose of the nation.” He is the first citizen of the 
United States, holding the position of highest dignity, 
influence, and responsibility in the whole country. 
He directs the machinery of the government, and is 
therefore held responsible by the people for the con¬ 
duct of public affairs, and largely for the condition 
of the country. 

His term of office is called an administration. He 
and his official advisers have the appointment of 
more than one hundred and fifteen thousand officers 
of the national government. 

Messages. —At the opening of each regular session 
of Congress the President sends to both houses his 
annual message, in which he reviews the public events 
of the previous year, gives “ information of the state 
of the Union,” and recommends the passage of such 
laws as he deems “ necessary and expedient.” From 

Pet. C Go —q 


130 


THE UNITED STATES. 


time to time he gives information upon special sub¬ 
jects, and recommends the passage of measures of 
pressing importance. The heads of departments 
make yearly reports to the President, which he lays 
before Congress and the country in his message. 

Duties and Powers. —The duties of the President 
are so extensive, the burdens of his office so heavy, 
and his power so great, that the people believe that 
no man, however wise and eminent, should hold the 
office for more than two terms. Washington set 
the example of voluntary retirement at the end of 
the second term, and it seems to be an unwritten law 
that no President shall serve more than eight years 
in succession. The duties of the office, so various 
and so burdensome, are summed up in the provision 
of the Constitution : “ He shall take care that the 
laws be faithfully executed.’* 

The President approves or vetoes all bills and joint- 
resolutions passed by Congress, except those relating 
to questions of adjournment. All measures vetoed 
must, within ten days after they are received, be re¬ 
turned to the house in which they originated. The 
power to veto acts of Congress is called the legis¬ 
lative power of the President. 

He is commander-in-chief o{ the army and the navy 
of the United States, and of the militia of the several 
States when engaged in the national service. He 
does not command in person, but places the forces 
under the orders of officers of his choice. 

He may require information in writing from the 
heads of departments upon subjects relating to their 
respective offices. As he appoints these officers, 


EXECUTIVE DEPARTMENT. 


I3I 

and may remove them at his pleasure, the people 
hold him responsible for their official conduct. He 
is held responsible for the official actions of all offi¬ 
cers of the executive department of the government. 

He may grant reprieves and pardons for offenses 
against the United States, except in cases of impeach¬ 
ment. Frequent appeals are made to his pardoning 
power. 

He may make treaties with foreign countries, but 
before a treaty can have any effect it must be sub¬ 
mitted by him to the Senate, and must be ratified 
by a vote of two thirds of the senators present. 
With the consent of the Senate, he appoints minis¬ 
ters to foreign courts, consuls to foreign countries, 
judges of the United States Supreme Court, and 
other officers of the national government. He fills 
vacancies in office which occur during recesses of the 
Senate, by granting commissions which expire at the 
close of the next session of the Senate. 

He may, in cases of extreme necessity, call special 
sessions of Congress, or of either house. If the Sen¬ 
ate and the House of Representatives fail to agree 
upon a time to which they shall adjourn, the Presi¬ 
dent may adjourn them to such time as he may think 
proper. Such a necessity has never arisen, and 
therefore this power has never been exercised. , 

The President may receive or refuse to receive 
ministers and other agents of foreign governments. 
To receive a minister is to recognize the nation which 
he represents. He may also dismiss foreign minis¬ 
ters who do not prove acceptable to our government. 

He commissions all officers of the United States. 


*32 


THE UNITED STATES. 


The power to make appointments of office is called 
his patronage. A civil service commission, consisting 
of three commissioners, has been established by act 
of Congress, to secure efficiency in the public service, 
and to prevent the appointment of men to office as a 
reward for party work. Before applicants for certain 
offices can be appointed they must pass an examina¬ 
tion prescribed by the civil service commission. 

CABINET. 

The President’s cabinet is a council of nine offi¬ 
cial advisers, appointed by him and confirmed by the 
Senate. They are often called heads of departments. 
The members of the cabinet are the secretary of state, 
secretary of the treasury, secretary of war, secretary 
of the navy, postmaster-general, secretary of the in¬ 
terior, attorney-general, secretary of agriculture, and 
secretary of commerce and labor. 

They may be removed by the President at pleas¬ 
ure, and are directly responsible to him for the con¬ 
duct of their respective departments. The Presi¬ 
dent holds frequent meetings of the cabinet for the 
purpose of conferring upon official business; but he 
may, if he choose, disregard their advice and act 
upon his own judgment. 

In case of the death, resignation, removal, or disabil¬ 
ity of both President and Vice President, the presiden¬ 
tial office would be filled by the members of the cabinet, 
in this order: The secretary of state, the secretary of 
the treasury, the secretary of war, the attorney-general, 
the postmaster-general, the secretary of the navy, the 
secretary of the interior. 


CABINET, 


133 


Each of the cabinet officers receives a salary of 
eight thousand dollars per year. 

Department of State. —The secretary of state is 
the head of the department of state, formerly called 
the department of foreign affairs. His office is the 
highest rank in the cabinet, and is next in impor¬ 
tance to that of the President. He preserves the 
original draughts of all treaties, laws, public docu¬ 
ments, and correspondence with foreign countries. 
He keeps the great seal of the United States, and 
fixes it to all commissions signed by the President. 
He furnishes copies of records and papers kept in 
his office, impressed with the seal of his department, 
and authenticates all proclamations and messages of 
the President. 

He has charge of the negotiation of treaties and 
other foreign affairs, conducts correspondence with 
foreign ministers, issues instructions for the guidance 
of our ministers and other agents to foreign countries, 
and from time to time reports to Congress the rela¬ 
tions of the United States with other governments. 
He is the organ of communication between the Pres¬ 
ident and the governors of the States. 

He issues traveling papers, called passports^ to citi¬ 
zens wishing to travel in foreign countries. When 
foreign criminals take refuge in this country, he issues 
warrants for their delivery according to the terms of 
existing treaties. He presents to the President all 
foreign ministers, and is the only officer authorized to 
represent him in correspondence with foreign govern¬ 
ments. 

The secretary of state has three assistants, called 


134 


THE UNITED STATES. 


respectively, first assistant secretary of state, sec¬ 
ond assistant secretary of state, and third assistant 
secretary of state. 

The department of state conducts the foreign 
affairs of the government chiefly through the diplo¬ 
matic service and the consular service. 

The Diplomatic Service.—The officers of the 
diplomatic service are called ministers^ and represent 
the United States in a political capacity. They ne¬ 
gotiate treaties under the direction of the secretary 
of state, and maintain friendly relations between 
the United States and the countries to which they 
are accredited. They are forbidden to engage in any 
commercial transaction, or to exercise any control 
over the commercial interests of the United States. 

By the laws of nations, foreign ministers in all 
countries enjoy many rights and privileges not ac¬ 
corded to other foreign persons. They are assisted 
by interpreters, who explain speeches made in foreign 
tongues; and by secretaries of legation, who keep 
the records, and attend to the minor duties of the 
ministers. 

The diplomatic service consists of ambassadors 
extraordinary and plenipotentiary, of envoys extraor¬ 
dinary and ministers plenipotentiary, and of minis¬ 
ters resident. These officials rank in the order 
named, but the duties are the same; the chief differ¬ 
ence being in the rank and influence of the countries 
to which they are accredited. 

The ambassadors and ministers of the higher rank 
receive salaries ranging from seven thousand five 
hundred dollars to seventeen thousand five hundred 


CABINET. 


135 


dollars each, the latter sum being paid to those ac¬ 
credited to Great Britain, Germany, France, Russia, 
and Mexico. 

Ministers resident, most of whom are also consuls 
general, receive from four thousand dollars to seven 
thousand dollars each. Ministers sent to foreign 
countries upon special service, such as the negotia¬ 
tion of special treaties, are sometimes called commis- 
sioners. 

Consular Service. —The consular service includes 
about thirty consuls general, some of whom are 
ministers resident, and more than three hundred 
consuls. 

The chief duties of consuls are to enforce the com¬ 
mercial laws, and to protect the rights of American 
citizens. Consuls reside at the principal cities of the 
consular districts to which they are accredited. The 
interests of American shipping and American seamen 
are specially, intrusted to their care. They keep the 
papers of American vessels while in port; they record 
the tonnage, the kind and value of the cargo, and the 
number and condition of the sailors. They hear the 
complaints of seamen, cause the arrest of mutinous 
sailors, send them home for trial, and care for 
mariners in destitute condition. They take pos¬ 
session of the property of American citizens dying 
abroad, and forward the proceeds to the lawful 
heirs. 

They collect valuable information relating to the 
commerce and manufactures of foreign countries, 
which is distributed among our people by the depart¬ 
ment of commerce and labor. 


136 the united states. 

In Turkey and China, American citizens who are 
charged with crime are tried by the American consul. 
Most consuls receive salaries ranging from one thou¬ 
sand dollars to six thousand dollars each, but some 
are paid by the fees received in the discharge of their 
duties. 

Treasury Department.—The secretary of the 
treasury is the head of the treasury departmento 
He manages the entire financial system of the na¬ 
tional government. He suggests to Congress plans 
for raising revenue and maintaining the credit of the 
United States, and makes detailed reports on all the 
operations of his department. 

He superintends the collection of revenue; the 
coinage of money; the operation of national banks; 
the conduct of custom-houses, where taxes on im¬ 
ported foreign goods are collected. The schedule or 
table showing the duties levied on foreign goods is 
called the tariff; this is fixed by act of Congress. 
The management of the marine hospitals, established 
for disabled sailors, and the operation of the life-sav¬ 
ing service, maintained along the seacoast for the 
rescue of persons from drowning, are also under the 
charge of the secretary of the treasury. His greatest 
responsibility is the management of the national debt, 
which still amounts to many hundred millions of 
dollars. 

Bureaus—The secretary of the treasury is assisted 
by three assistant secretaries of the treasury, a comp¬ 
troller, six auditors, a treasurer, a register of the 
treasury, and numerous other responsible officers 
in charge of the bank currency, internal revenue, 


CABINET. 


137 


the mint, the erection of public buildings, and other 
important bureaus and divisions of the treasury de¬ 
partment. 

The comptroller directs the work of the six auditors, 
and superintends the recovery of debts due the 
United States. 

The auditor for the treasury department settles — 
that is, examines and passes on — all accounts in the 
collection of customs duties and internal revenue, 
the national debt, and other accounts immediately 
connected with the operations of the treasury de¬ 
partment. 

The auditor for the war department settles the 
army accounts. 

The auditor for the interior department settles pen¬ 
sion accounts, accounts with the Indians, and all 
other accounts arising in the department of the in¬ 
terior. 

The auditor for the navy department settles the 
accounts of the navy. 

The auditor for the state and other departments has 
charge of the accounts of the secretary of state, the 
attorney-general, the secretary of agriculture, and 
the secretary of commerce and labor, and of all the 
officials under their direction; the accounts of the 
United States courts ; and those of various institu¬ 
tions which are not under the control of any depart¬ 
ment. 

The auditor for the post-office department examines 
and passes on the accounts of the postal service. 

The treasurer is custodian of the funds of the 
United States. All funds and securities are kept in 


138 


THE UNITED STATES. 


vaults made for the purpose, or deposited in reliable 
banks for safe keeping. 

The register of the treasury has charge of the 
account-books of United States bonds and paper 
money. They show the exact financial condition of 
the United States at all times. The register’s name 
is upon all bonds and notes issued by the government. 

The comptroller of the currency has charge of the 
national banking system. A bank is a place for the 
safe keeping of money. A bank holding its charter 
—that is, its power to do business—from a State 
government is called a State bank. A bank char¬ 
tered by the national government is called a national 
bank. 

By the laws of the United States, any five or more 
persons with sufficient capital may organize a na¬ 
tional bank under the directions of the comptroller 
of the currency. A national bank may issue its 
notes—that is, its promises to pay—as currency, to 
an amount not exceeding the amount of United 
States bonds deposited by the bank with the national 
government. There are about four thousand na¬ 
tional banks in the United States. 

The commissioner of uiternal revenue supervises 
the collection of internal revenue. Internal revenue 
is derived from taxes laid upon tobacco and spirituous 
and malt liquors. ^ 

The director of the mint has charge of the coinage 
of money, and reports to Congress upon the yield of 
precious metals. There are mints at Philadelphia, 
Carson, San Francisco, Denver, and New Orleans, 
and assay offices also at other places. 


CABINET. 


139 

The Constitution vests the power to coin money in 
the national government alone. 

The director of the bureau of engraving and print¬ 
ing supervises the execution of designs and the 
engraving and printing of revenue and postage 
stamps, national bank notes, and the notes, bonds, 
and other financial paper of the United States. 

The supervising architect selects plans for the 
erection of custom-houses, court-houses, post-offices, 
mints, and other public buildings of the United 
States. 

The surgeon-general of the public health and marine 
hospital service has charge of the marine hospitals, 
and helps to enforce the laws which aim to prevent 
the introduction of contagious diseases into the 
country. 

The solicitor of the treasury is the chief lawyer 
for the department. He has charge of prosecutions 
for violations of the customs laws, and other crimes 
against the financial interests of the United States. 
Like similar lawyers for other departments, he is 
included in the department of justice, under the attor- 
ney-general. 

War Department.—The secretary of war is the 
head of the war department. He has charge of the 
land forces, under the direction of the President. He 
supervises the expenditure of money voted by Con¬ 
gress for the improvement of rivers and harbors, 
and for the United States Military Academy at West 
Point, as well as for the support and operations of the 
army. In the management of his department he is 
aided by an assistant secretary of war. 


140 


THE UNITED STATES. 


Bureaus. — The war department has numerous 
offices and bureaus, each of which is in charge of a 
responsible officer. 

The adjutant-general issues the military orders of 
the President, conducts the army correspondence, 
issues commissions, and keeps the army records. 

The quartermaster-general provides quarters, stor¬ 
age, and transportation for the army, and has charge 
of barracks and national cemeteries. 

The commissary-gencral provides food for the 
troops. 

The paymaster-general supervises the payment of 
the army and the military academy. 

The surgeon-general superintends the army hospi¬ 
tals, and the distribution of medical stores for the 
army. 

The inspector-general attends to inspection of the 
arms and equipments of the soldiers. 

The chief of engineers supervises the construction 
of forts, the improvement of rivers and harbors, and 
the surveys relating to them. 

The chief of ordnance furnishes guns and ammuni¬ 
tion to the army and to forts, and has charge of 
armories and arsenals. 

The judge-advocate-general, who is chief of the 
bureau of military justice, prosecutes crimes com¬ 
mitted in the army, and reviews all sentences passed 
by military courts and military commissions. 

Military Academy. — The military academy at 
West Point is maintained by the national govern¬ 
ment, for the education and training of officers for 
the army. Each member of Congress appoints one 


CABINET. 


I4I 

cadet to the academy, and the President appoints 
one from the District of Columbia and forty from 
the United States at large. The military academy 
is under the immediate charge of a superintendent, 
an officer of the regular army, appointed by the 
secretary of war. Each cadet receives from the 
government an annual sum of money sufficient to 
pay all necessary expenses at the academy. 

Navy Department.—The secretary of the navy 
presides over the navy department. He has control 
of all affairs relating to vessels of war, the naval forces, 
and naval operations. He has charge of the Naval 
Observatory at Washington, and of the United States 
Naval Academy at Annapolis. The naval depart¬ 
ment issues sailing charts, sailing directions, and other 
publications for the use of seamen. 

Bureaus.—The naval department has numerous 
bureaus, which are in charge of competent officers 
detailed from the naval service. 

The bureau of navigation gives out and enforces 
the secretary’s orders to the officers of the navy, en¬ 
lists sailors, keeps the records of the service, and has 
charge of the naval academy. 

The bureau of yards and docks attends to the 
navy yards, docks, wharves, their buildings and 
machinery. 

The bureau of equipment supplies vessels with fuel, 
sails, rigging, anchors, and other equipments, and 
with maps, charts, books, and other appliances needed 
in navigation. It has charge of the naval observa¬ 
tory, and of the nautical almanac used by navigators. 

The bureau of ordnance superintends the forging 


142 


THE UNITED STATES, 


and testing of cannon, guns, and other military equip¬ 
ments, and the construction of torpedoes for naval 
warfare. 

The bureau of medicine and surgery has charge of 
the naval laboratory, the eight naval hospitals, and 
the purchase and distribution of surgical instruments 
and medical stores for the naval department. 

The bureau of supplies and accounts purchases 
and distributes provisions and clothing for the navy. 

The bureau of steam engineering superintends the 
construction and repair of engines and machinery for 
the vessels of war. 

The bureau of construction and repair has charge 
of all matters relating to the construction and repair 
of all vessels and boats used in the naval service. 

Naval Academy. —The naval academy at Annapo¬ 
lis is maintained by the national government for the 
purpose of educating and training officers for the 
navy. It bears the same relation to the navy that 
the military academy bears to the army. Each mem¬ 
ber of Congress appoints two midshipmen to the 
academy, and the President appoints two from the 
District of Columbia and twenty from the United 
States at large. The academy is under the imme¬ 
diate charge of a superintendent, who is a naval offi¬ 
cer appointed by the secretary of the navy. Each 
midshipman receives from the government an annual 
sum of money sufficient to pay all necessary expenses 
incurred at the academy. 

Post-Office Department. —The postmaster-gen¬ 
eral presides over the post-office department. He 
has control of all questions relating to the manage- 


CABINET, 


143 


ment of post-offices and the carrying of the mails, 
and appoints all postmasters whose annual salaries 
are less than a thousand dollars each. Postmasters 
whose salaries exceed this sum are appointed by the 
President of the United States. 

Bureaus. —The postmaster-general has four assist¬ 
ants, who, under him, are in charge of the various 
details of the vast establishment devoted to the postal 
service. 

The first assistant postmaster-general controls the 
free delivery of mail matter in cities, and establishes 
rural free-delivery routes. He furnishes blanks and 
stationery to post-offices throughout the Union, has 
charge of the dead-letter office, and controls the post- 
office money-order business. By means of money 
orders people may deposit money in the post-office 
at which they mail their letters, and have it paid at 
the office to which their letters are addressed. 

The second assistant postmaster-general attends to 
the letting of contracts for carrying the mails, decides 
upon the mode of conveyance, and fixes the time for 
the arrival and departure of mails at each post-office. 
He also has charge of the foreign mail service. The 
United States has postal treaties with all the other 
civilized countries in the world, by which regular 
mail lines are maintained. 

The third assistant postmaster-general has charge 
of the financial affairs of the department. He pro¬ 
vides stamps, stamped envelopes, and postal cards 
for post-offices, and receives the reports and settle¬ 
ments of postmasters. He also superintends the 
registered mail service. 


144 


THE UNITED STATES. 


The fourth assistant postmaster-general has charge 
of the establishment of new post-offices, and makes 
preparations for the appointment of all postmasters. 
He also has charge of the post-office inspectors, who 
investigate all complaints of losses or irregularities in 
the mails. 

Interior Department. —The secretary of the in¬ 
terior is the chief officer of the interior department. 
The former name, home department, suggests the 
character of the subjects under its control. Its 
duties relate to various public interests which have 
been transferred to it from other departments. The 
department of the interior has charge of pensions, 
public lands, Indian affairs, patents, education, and 
the geological survey. 

The com7nissio7ier of pensions has charge of the 
examination of pension claims and the granting of 
pensions and bounties for service in the army and 
the navy. There are about a million names on the 
pension rolls of the United States, and the annual 
payment of pensions amounts to about one hundred 
and forty million dollars. 

The commissioner of the general land office superin¬ 
tends the surveys and sales of the lands belonging to 
the national government. The United States surveys 
divide the public lands into ranges, townships, sec¬ 
tions, and fractions of sections. Ranges are bounded 
by north and south lines, six miles apart, and are 
numbered east and west. Ranges are divided into 
townships, each six miles square, numbered north 
and south. A township is divided into thirty-six 
sections, each one mile square, and containing six 


CABINET. 


145 

hundred and forty acres of land; and sections are 
divided into quarter sections. 

The commissioner of Indiayi ajfairs has charge of 
questions relating to the government of the Indians. 
Its agents make treaties, manage lands, issue rations 
and clothing, and conduct trade with the Indians. 

The commissio7ter of patents conducts all matters 
pertaining to the granting of patents for useful inven¬ 
tions, discoveries, and improvements. 

A patejit gives the inventor the exclusive right to 
manufacture, sell, and use the patented article for a 
period of seventeen years. 

A copyright, which is somewhat similar to a patent, 
gives the author of a book the exclusive right to 
print, publish, and sell it for a period of twenty-eight 
years, with the privilege at the expiration of that 
time of renewing for fourteen years more. 

An inventor or author may sell a patent or copy¬ 
right, as well as other property. 

The commissioner of education investigates the con¬ 
dition and progress of education in the several States 
and Territories, and collects information relating to 
schools, school systems, and methods of teaching. 
The facts collected are distributed among the people 
in annual reports published by the office. 

The director of the geological survey sends out par¬ 
ties of scientific men, who explore various parts of 
the Union, trace the sources of rivers, measure the 
heights of lands, and gather other facts relating to 
the natural resources of the country. He publishes 
excellent maps of the regions that have been ex¬ 
plored. 

Pn. C 


146 


THE UHITED STATES. 


Department of Justice.—The attorney-general 
presides over the department of justice. He is the 
chief law officer of the government, and the legal 
adviser of all the departments. He is assisted by the 
solicitor-general, who is the second officer in rank ; 
by four assistant attorney-generals, and by several 
solicitors for particular departments. The duties of 
the department of justice may be classified as follows: 

1. To conduct before the supreme court all suits to 
which the United States is a party. 

2. To conduct suits arising in any of the depart¬ 
ments, when requested by the head thereof. 

3. To give written advice and to render written 
opinions upon points of law, when requested by 
the President or the heads of departments. 

4. To exercise supervision over the district attor¬ 
neys and marshals of the United States district 
courts. 

5. To examine the titles of lands proposed to be 
purchased by the United States, as sites for 
forts, arsenals, barracks, dockyards, custom¬ 
houses, post-offices, and other public purposes. 

6. To examine and report upon applications for 
judicial offices and positions requiring legal 
ability. 

7. To report annually to Congress upon the busi¬ 
ness of the department, and upon matters relat¬ 
ing to the enforcement of the laws throughout 
the Union. 

Department of Agriculture.—The department 
of agriculture was reorganized in 1889. Previous to 
that time it had been a bureau of the interior depart- 


CABINET. 


H7 

ment. The secretary of agriculture is the chief officer 
of the department of agriculture. 

This department collects and diffuses among the 
people useful knowledge relating to agriculture and 
agricultural products. Experiments are conducted 
upon farm and garden products, and the seeds of 
choice varieties are distributed among the people. 
Similar attention is given to stock-raising and the 
care of forests. 

The department also includes the weather bureau, 
which collects and publishes telegraphic reports of 
storms and the condition of the weather, in the inter¬ 
est of agriculture and commerce. 

Department of Commerce and Labor.—The 
secretary of commerce and labor presides over the 
department of commerce and labor, which was created 
in 1903. Its duty is to promote and develop com¬ 
merce, mining, manufacturing, fisheries, and the in¬ 
terests of workingmen. It collects and publishes 
facts and figures on all these subjects; supplies ex¬ 
actly true weights and measures for any one to copy; 
controls stations for stocking waters with valuable 
fish; inspects and licenses steamships, rejecting any 
that are unseaworthy; surveys the seacoast of the 
United States, and maintains lighthouses at danger¬ 
ous points. 

The work of the depa^rtment is divided among a 
number of bureaus, many of which were already in 
existence when the new department was formed. 
Among these is the census office, which takes a cen¬ 
sus of the United States every ten years, besides 
collecting other statistics at shorter intervals. 


148 


THE UNITED STATES, 


SUGGESTIVE QUESTIONS. 

1. Why does the Constitution require that the President 
shall be a native of the United States ? 

2. Who is now President, and of what State is he a citizen ? 

3. When was he elected ? 

4. Who is Vice President, and of what State is he a citizen? 

5. Is the President’s salary too large ? 

6. Should the President be eligible for reelection ? 

7. Do you think he should have the veto power ? 

8. Read the last annual message of the President. 

9. Of what use is a passport in traveling ? 

10. What is internal revenue ? 

11. What was the principal cause of the national debt ? 

12. For what are light-houses used ? 

13. Where is the nearest national bank to this place ? 

14. How many soldiers, including officers, in the army of 
the United States ? 

15. Give a full description of the national military academy ? 

16. Is there a signal service in this vicinity ? 

17. Of what value are the weather reports ? 

18. Of what use is a navy ? 

19. Give a full description of the naval academy. 

20. Should postmasters be elected by the people ? 

21. How many post-offices in the United States ? 

22. Why is it right for the government to grant pensions ? 

23. Why should a census be taken ? 

24. What is the population of the United States, and what 
the population of this State, by the last census ? 

25. What is meant by conducting a suit before the supreme 
court ? 

26. Read the congressional act of 1862 granting public lands 
to the States for the establishment of agricultural and mechanh 
cal colleges. 


QUESTION FOR DEBATE. 

Resolved, That the President and the Vice President should 
be elected by the popular vote. 


CHAPTER XIV. 


THE UNITED STATES—{Continued). 

JUDICIAL DEPARTMENT. 

The judicial department is one of the three great 
departments of the government, being coordinate 
with Congress, the legislative power, and with the 
President, the executive power. The principle of 
three coordinate departments of government is new, 
the United States being the first nation that ever 
embodied it in its constitution. 

The judicial system of the United States includes 
the Supreme Court of the United States, the circuit 
courts of appeals, circuit courts, district courts, the 
supreme court of the District of Columbia, the court 
of claims, a territorial court for each of the Terri¬ 
tories, and several commissioners’ courts in each of 
the States. 

Jurisdiction of United States Courts.—The 

jurisdiction of United States courts extends to the 
following classes of suits at law: 

1. To all cases arising under laws passed by Con¬ 
gress. 

2. Those affecting ministers, consuls, and other 
agents of the United States and foreign coun¬ 
tries. 

3. Suits arising on the high seas. 

4. All suits to which the United States is a party, 

(149) 


150 


THE UNITED STATES 


5. Controversies between a State and the citizens 
of another State. 

6. Cases between citizens of different States. 

7. Suits between citizens of the same State claim¬ 
ing lands under grants by different States. 

8. Cases between a State or its citizens and a for¬ 
eign State or its citizens. 

It will be seen that all cases at law to which a State 
is a party must be tried in the courts of the United 
States. A direct suit can not be brought against the 
United States except by authority of a special act 
of Congress; nor can a suit be brought against a 
State by a citizen of another State, or by one^ of its 
own citizens, except by the special permission of its 
legislature. 

Supreme Court of the United States. —The 

Supreme Court of the United States is the highest 
judicial tribunal in the country. It consists of the 
Chief Justice and eight associate justices, nominated 
by the President and confirmed by the Senate. The 
country is divided into nine circuits, each represented 
by a justice of the Supreme Court. The justices 
hold their offices during life, unless impeached; but 
they have the privilege of retiring upon full pay, at 
seventy years of age, provided they have served in 
the court for ten years. A quorum consists of any 
six justices, and if four or more agree upon a decision 
it becomes the decision of the court. 

The court holds annual sessions in the Capitol 
building at Washington, beginning upon the second 
Monday in October. The annual salary of the 
Chief Justice is thirteen thousand dollars; that of 


JUDICIAL DEPARTMENT. 


51 


the associate justices is twelve thousand five hundred 
dollars each. 

The Constitution of the United States creates 
and names the Supreme Court, and provides that 
the judicial power shall be vested in it “ and in such 
inferior courts as the Congress may from time to 
time ordain and establish.” 

Jurisdiction.—The Supreme Court has original 
jurisdiction in all cases affecting ministers, consuls, 
and other agents of the United States and foreign 
countries, and in cases to which a State is a party. 

Most cases tried by it are brought before it upon 
appeals from the inferior courts of the United States. 
They involve chiefly the questions of jurisdiction of 
the inferior courts, the constitutionality of laws, the 
validity of treaties, and the sentences in criminal and 
prize causes. An appeal from a State court can be 
carried to the Supreme Court only upon the ground 
that the decision of the State court is in conflict with 
the Constitution or laws of the United States. 

The peculiar province of the Supreme Court is to 
interpret the Constitution, and in all conflicts between 
a State and the nation the final decision rests with 
the Supreme Court of the United States. It may, 
and does, modify its own judgments; but until it 
modifies or reverses a decision, it is final, and from it' 
there is no appeal. Whether its decree be against a 
private citizen, a State, the Congress, or the President, 
that decree is “ the end of the whole matter,” and 
must be obeyed. 

The Supreme Court is more admired and praised 
by foreign critics than is any other of our institutions. 


152 


THE UNITED STATES. 


It is conceded by all to be one of the strongest and 
best features in our system of government. In a free 
country like ours, such a tribunal is necessary to pre¬ 
vent the legislative and executive departments from 
trespassing upon the Constitution, and invading the 
rights of the people. Therefore the Supreme Court 
of the United States has been appropriately called 
•• the balance-wheel in our system of government.” 

United States Circuit Courts of Appeals.—There 
arc nine circuit courts of appeals, one for each United 
States circuit. The judges are the same as those of 
the circuit courts, but the circuit court of appeals is 
entirely independent in its jurisdiction. All appeals 
from the circuit and district courts must be made to 
the circuit courts of appeals, except in cases expressly 
provided by law to be taken direct to the Supreme 
Court; but provision is also made for appeal from 
the decision of the circuit courts of appeals to the 
Supreme Court in certain classes of cases. 

United States Circuit Court_Each United States 

circuit embraces several States, and has two or more 
circuit judges nominated by the President and con¬ 
firmed by the Senate. One justice of the Supreme 
Court is also assigned to each circuit. The circuit 
court may consist of any one of the judges represent¬ 
ing the circuit, or of all of them sitting together, or 
of either sitting with a judge of the United States 
district court. The circuit court has original juris¬ 
diction in civil cases involving property worth five 
hundred dollars or more, and in all cases of crime 
against the United States. 

In each State a large majority of the civil suits, 


JUDICIAL DEPARTMENT. 


153 


whatever the amount involved, and of criminal cases, 
whatever the offense committed, must be tried and 
finally decided in the State courts. In a vast major¬ 
ity of instances the people must obtain justice in the 
courts of the State in which they live. 

United States District Court. —Each State has 
one or more United States district courts. The 
district judge presides in the district court, either 
alone or with the judge of the circuit court. The 
district court has both civil and criminal jurisdiction 
in all cases under the national law which are not 
required to be brought in the higher courts. 

The United States circuit and district courts are 
commonly called federal courts. If the judges of 
these courts desire, they may retire upon full pay 
at the age of seventy, after ten years of consecutive 
service. 

Court of Claims. —The court of claims holds its 
sessions at Washington, and consists of a chief jus¬ 
tice and four associate justices. It hears and deter¬ 
mines claims against the United States. No one 
could bring suit against the national government with¬ 
out permission from Congress; but a person having 
a claim against it may submit the claim to the court 
of claims for trial, and, if the claim is declared legal 
and just, it is usually paid by act of Congress. 

Other Courts. —The District of Columbia has six 
supreme court justices and three justices of a court of 
appeals. Their jurisdiction is similar to that of the 
United States district courts and circuit courts of 
appeals, but is confined to the District of Columbia. 

Territorial courts consist of a chief justice and two 


154 


THE UNITED STATES. 


associate justices, who hold their offices for a term 
of four years, unless removed by the President. A 
territorial court holds its sessions in the Territory 
for which it is constituted, and has jurisdiction of 
cases arising under the laws of Congress and the laws 
passed by the territorial legislature. 

Appeals are taken from the courts of the District 
of Columbia and from the territorial courts to the 
supreme court of the United States. 

A United States commissioner’s court consists of 
a commissioner appointed by the judge of the dis¬ 
trict court. The chief duties of this court are to 
arrest and hold for trial persons charged with offenses 
against the United States, and to assist in taking 
testimony for the trial of cases. A judge of a State 
court or a justice of the peace may act as United 
States commissioner, but while engaged in such 
duties he is an officer of the United States, and not 
of the State. 

Term of Service.—Justices of circuit courts, dis¬ 
trict courts, the court of claims, the courts of the Dis¬ 
trict of Columbia, and of the territorial courts, are 
appointed by the President and confirmed by the 
Senate. The ^justices of these courts, except of 
the territorial courts, hold their offices during life, 
unless impeached. This life tenure of office, and 
the provision that a salary of a justice shall not be 
reduced during his term, render the courts of the 
United States independent of Congress and public 
opinion, and tend to preserve the purity and dignity 
of their decisions. 

The salary of a judge of the circuit court is seven 


JUDICIAL DEPARTMENT. 


155 


thousand dollars; that of a judge of a district court 
is six thousand dollars; that of a justice of the court 
of claims is six thousand dollars, except the chief jus¬ 
tice, who receives six thousand five hundred dollars; 
that of a justice of the court of appeals of the Dis¬ 
trict of Columbia is seven thousand dollars, except 
the chief justice, who receives seven thousand five 
hundred dollars; and that of a justice of the supreme 
court of the District of Columbia is six thousand 
dollars. 

Officers of Courts. —The United States district 
and circuit courts have grand juries and trial juries, 
who perform duties similar to those of juries in State 
courts. With the consent of the Senate, the Presi¬ 
dent appoints for each district a United States dis¬ 
trict attorney and a United States marshal, who are 
also officers of the circuit court. 

The district attorney represents the United States 
in all civil cases to which it is a party, and is the 
prosecuting officer in criminal cases. 

The marshal is the executive and ministerial officer 
of the court, with duties similar to those of a sheriff. 

The supreme court of the United States appoints 
a reporter, who reports—that is, edits and publishes— 
its decisions. This court also appoints its own mar¬ 
shal. The decisions of the circuit court and district 
court are reported by the judge, or by an attorney 
under the judge’s sanction. Each court appoints a 
clerk, who keeps a record of its proceedings; gives a 
history of each case; notes all orders, decisions, and 
judgments; has charge of all money paid ; and keeps 
and fixes the seal of the court. 


156 


THE UNITED STATES. 


The circuit courts of appeals appoint their own 
marshals and clerks. The duties of these officers are 
similar to those performed by the marshal and clerk 
of the Supreme Court. The circuit courts of appeals 
have no reporters. 

SUGGESTIVE QUESTIONS. 

1. Who is chief justice of the United States, and of what 
State is he a citizen ? 

2. Why should a judge hold his position during a long term 
of years ? 

3. This State is a part of what United States circuit ? 

4. What justice represents this circuit in the supreme court ? 

5. Who is judge of the United States district court of this 
district ? 

6. Why can no person bring suit against the United States 
except by special act of Congress ? 

QUESTION FOR DEBATE. 

Resolved, That the jury system should be abolished. 


PART II. 


CHAPTER XV. 

GOVERNMENT. 

Government is defined as rule or control. It is 
that which governs, and also the act of governing. 
In its political sense, it means the supreme author¬ 
ity of a State or other political community, or the 
act by which this authority is applied. It is some¬ 
times said to be a system of institutions for the 
restraint of people living in the social state or social 
condition. 

The word govern is derived from a Latin word 
which first meant to steer the ship, and then very 
naturally .came to mean to guide, to direct, to com¬ 
mand. 

“ The comparison of governing with steering is a 
very happy one,” for the interest of him who steers 
is the same as that of the people in the ship: “ all 
must float or sink together.” So the interest of 
those that govern, of those that guide “ the ship of 
state,” as we often express it, is the same as that 
of the people.* 

Origin and Necessity. —The origin of government 
is unknown ; its beginning can not be traced. People 


*riske’s Civil Government of the United States. 

(157) 




158 


GOVERNMENT. 


everywhere, in all the varying degrees of civilization, 
recognize the necessity of a supreme authority, to 
whom all owe and render obedience. 

Men can not long live in the same vicinity without 
some kind of political organization. Without some 
sort of government—that is, some supreme power to 
settle disputes—the people would be in continual 
warfare; there could be no security to person or 
property ; each individual could look to himself alone 
for safety; “ his hand would be against every man, 
and every man’s hand against him.” 

Wherever men are found they live under some 
form of government, however rude and imperfect. 
In all parts and in all ages of the world they have 
seen the necessity of some power to protect the weak 
and restrain the strong, and have therefore set up a 
supreme authority for the common welfare. 

A body of people living under government is called 
society, and the agreement existing between them, for 
their common welfare, is called the social compact. 

Men are so constituted that society is necessary to 
their happiness. Therefore they seek the social state 
and join the social compact, thus agreeing to be gov¬ 
erned by law and order. 

For the People.—Government is for the people, 
and not for the rulers. Officers, the highest and the 
lowest, are merely the servants of the people. 

All governments derive their just powers from 
the consent of the people, and are established and 
maintained for their good. All powers which are 
exercised without the consent of the people are un¬ 
just and tyrannical. 


FORMS OF CIVIL GOVERNMENT, 


159 

Kinds.—Government is of two kinds, civil and 
military. 

Ctvtl government is the government of civil society, 
or the government of the people in a peaceful 
state. 

Military government is the government of men in 
a state of war. It prevails in the army and 
the navy, and sometimes in districts which are 
the scenes of military operations. 

Military government is conducted by the rules of 
martial law, and in its penalties and exactions is 
much more severe than civil government. 

FORMS OF CIVIL GOVERNMENT. 

There are many forms of civil government, but 
they may be reduced to three principal systems : 

1. Monarchy : government by one person. 

2. Aristocracy : government by a few persons. 

3. Democracy : government by the people. 

Every government is either one of these forms or 

is composed of two or more of them. 

Monarchy.—A monarchy is a government whose 
chief authority is vested in one person, usually called 
king, queen, emperor, empress, or prince. Mon¬ 
archies are absolute or limited. 

In an absolute monarchy there is no limit to the 
power of the monarch ; his wishes are the laws of the 
people. The people are his property, and in his per¬ 
son are combined all the powers of government, legis¬ 
lative, executive, and judicial. Russia is the only 
civilized nation whose government is still an abso- 
lute monarchy. 


l6o GO VERNMENT, 

In a constitutional monarchy the sovereign, or chief 
ruler, must govern by laws made by a representative 
body elected by the people. England and Germany 
are constitutional monarchies. 

In an hereditary monarchy the sovereign inherits 
the ruling power, usually from his father. 

In an elective monarchy the sovereign is elected for 
life, usually by the dignitaries of other nations. 

A patriarchy is a monarchy in which the chief 
power is exercised by a patriarch, or father. The 
authority of the patriarch is confined to his tribe. 
This form of government was common in ancient 
times, before tribes were combined into nations. 

A theocracy is a monarchy whose rulers claim to 
be under the direct guidance of God. The govern¬ 
ment of the ancient Hebrews was a theocracy. 

Aristocracy. —An aristocracy, sometimes called 
oligarchy, is a government in which the supreme 
authority is vested in a privileged few, distinguished 
by their wealth and social position. 

The privileged class are usually called nobles. 
They are above the common people in rank and bear 
titles of honor. These titles are mostly inherited, 
but are sometimes conferred upon persons by the 
sovereign. 

An aristocracy never exists by itself; it is always 
combined with some other form of government, 
usually with a constitutional monarchy. The gov¬ 
ernment of England is partly aristocratic ; the House 
of Lords, one of the bodies of Parliament, being 
composed of nobles. 

Democracy. —A democracy is a government of 


FORMS OF CIVIL GOVERNMENT. i6l 

the people, by the people, for the people.” It is a 
government by many, instead of by one or by a few. 
Hereditary titles are inconsistent with democratic 
government, and therefore never exist in a democ¬ 
racy. 

A pure democracy is a government conducted by 
the people in person. It is practicable only in a 
political community so small that all the people may 
assemble at the seat of government. The New Eng¬ 
land “town meeting” is almost the only example of 
a pure democracy in the world at the present time; 
certainly the only example in the United States. 

A republic^ or representative democracy, is a govern¬ 
ment conducted by representatives elected by the 
people. 

The United States, Mexico, France, Switzerland, 
and all South American nations are republics, and 
the republican principle of government is growing in 
popularity throughout the civilized world. 

No form of government is equally good for all peo¬ 
ples. A certain form may be good for one country 
and bad for another country. A republic, which is 
the best government for a well-educated and virtu¬ 
ous people, is the worst for an ignorant and depraved 
people. 

The excellence of a republican government depends 
upon the knowledge and virtue of its citizens. The 
people are the rulers, and, if they are wise and virtu¬ 
ous, they will rule well; if they are ignorant and de¬ 
praved, they will rule ill. Therefore the hope of a 
republic like ours is, that its people will continue to 
grow wiser and better. 

Pet. C. Go.—h 


GO VERNMENT. 


162 


SUGGESTIVE QUESTIONS. 

1. Why is military government more severe than civil gov¬ 
ernment ? 

2. Could society exist without law ? Why ? 

3. Why is a republic a bad form of government for an igno¬ 
rant people ? 

4. Are the people of the United States growing wiser and 
better ? 

5. Is this State improving in civilization ? 


CHAPTER XVI. 


JUSTICE. 

The object of government is to protect the people, 
and to render justice to them. Justice is the security 
of rights. A right is a well-founded claim ; that is, 
a just claim of one person upon other persons. 

Rights are the most important things that a person 
can possess, because his happiness depends upon 
them. They are real things, for whose protection 
governments are instituted. The kind and extent of 
the rights recognized and protected in any country 
determine the form of its government. As a rule, 
there is more freedom among citizens of a republic 
than among those of other governments, because a 
republic guarantees more rights. 

RIGHTS AND DUTIES. 

People have many rights, and they have equally 
as many duties. Each right given to a person is a 
trust placed in his hands for him to discharge. A 
right implies a duty, and a duty implies a right. 
Rights and duties go hand in hand. For example, 
children have a right to the protection of their 
parents, and this implies that it is the duty of chil¬ 
dren to obey their parents. 

Civil Rights and Duties. —Rights and duties are 
civil and political. Civil rights are sometimes called 
inalienable rights,^ because they can not be justly 

(163) 


(64 


JUSTICE. 


taken away except as a punishment for crime. They 
are chiefly those rights with which we are endowed 
by nature. They are not conferred by any earthly 
power, but are given to every human being at his 
birth. They are called civil rights, because they 
belong to the citizen in his ordinary daily life. 
Among civil rights are: 

1. The right to personal security; that is, the right< 
to be free from attack and annoyance; 

2. The right of personal liberty; that is, to go 
when and where he pleases, providing he does 
not trespass upon the rights of others; and 

3. The right of private property; that is, the right 
to use, enjoy, and dispose of what he has ac¬ 
quired by labor, purchase, gift, or inheritance. 

The greater part of these rights belong to men 
whether living in society, that is, under government, 
or living without government. Their natural rights 
are more extensive without society than with it, but 
are far less secure. Without government natural 
rights are unlimited; each person may lay claim to 
all land and to all it produces, provided he is strong 
enough to maintain his claim by force. 

When men join the social compact, they agree to 
abandon some of their natural rights, in order to be 
protected by the government in those which they 
retain; that is, each person agrees that in making his 
own claims he will have due regard for the similar 
claims of others. 

In entering the social compact, men also agree to 
submit their personal claims to settlement by the 
law, instead of going to war to maintain them. They 


RIGHTS AND DUTIES, 


165 

agree to refer their disputes to courts established for 
that purpose. As a rule, under government, right 
prevails ; without government, might prevails. 

Civil rights are divided into industrial rights^ social 
rights, and moral or religious rights. 

Industrial Rights and Duties. —It is the right 
and duty of each person to provide in his own way, 
providing it is legal and honest, for himself and those 
dependent upon him. All business transactions; 
the search for homes, comforts, and wealth ; agri¬ 
culture, manufacturing, mining, and commerce; the 
conduct of all professions, occupations, and indus¬ 
tries ; the interests of farm laborers, operatives in 
factories, miners, clerks, and all persons engaged in 
mental or physical labor, are based upon industrial 
rights and duties. 

The wages of people, the hours of labor, railway 
and telegraph lines, canals, express companies, other 
common carriers, the various kinds of employment, 
and the organization of men in different branches 
of industry to advance their interests, are questions 
affecting industrial rights. These rights underlie all 
efforts of people to improve their financial condition. 

Social Rights and Duties. —Each member of 
society has rights as such, and these are called social 
rights. They include the rights of personal security 
and protection. They underlie all efforts for the 
improvement of the social condition of the people. 
Society is interested in better schools, in public 
health, in the reformation of criminals, in good high¬ 
ways and streets, in safe buildings, in well-lighted 
cities and villages, in the maintenance of charitable 


i66 


JUSTICE, 


institutions, in the establishment of sources of harm¬ 
less amusement, and in the preservation of peace 
and order. 

The comfort and convenience of the public are 
even more important than the comfort and con¬ 
venience of any person. Therefore, individual rights 
must yield to public rights when the two conflict. 
For example, the land of a private citizen may be 
condemned by the proper authorities, and be used for 
public highways or other public purposes. The gov¬ 
ernment pays the owner of the property condemned, 
but usually less than his estimate of the value. 

This right of society, existing above the right of 
any of its members, is called the RIGHT OF EMINENT 
DOMAIN. By it individual rights must yield to the 
rights of society, of the government, or of a corpora¬ 
tion. A corporation is an association of individuals 
authorized by law to transact business as a single 
natural person. Railway companies, banks, char¬ 
tered cities and villages, and the counties of some 
States are corporations. 

Moral Rights and Duties.—Man is amoral being; 
that is, he is conscious of good and evil. Therefore 
he has moral rights and duties. 

He has rights of conscience, with which it is not 
the province of government to interfere. He natu¬ 
rally worships a Being superior to himself, and feels 
the obligation to deal justly with his fellow-men. He 
has a right to do and say all things which are not un¬ 
lawful or wrong within themselves. It is his right 
to worship when he pleases, whom he pleases, and as 
he pleases. 


RIGHTS AND DUTIES. 


167 


The moral rights and duties of the people are con¬ 
cerned in the maintenance of religion, the support 
of churches, in reverence for things sacred, in acts of 
charity and benevolence, in living an upright life, and 
in teaching lessons of morality, honesty, industry, and 
usefulness. Whatever is implied in the word ought, 
correctly used, is a moral duty. 

Political Rights and Duties.—By the social com¬ 
pact, men also agree to abandon a part of their natu¬ 
ral rights in order to participate in the government. 
They agree in part to be governed by others, in 
order that in part they may govern others. The 
rights of participation in the government, such as 
voting and holding office, are called political rights, 
because they affect the public policy of society. 

Political rights do not belong to men by nature, 
but are conferred by government. Within reasonable 
bounds, they may be enlarged or restricted without 
injustice. , Since they are conferred by the govern¬ 
ment, the power to vote and to hold office is a privi- 
lege to be enjoyed rather than a right to be asserted. 

In the United States the political rights of the 
people are carefully set forth in the Constitution. 
The smallest functions of government, such as the 
size and color of a postage stamp, or the employment 
of a page in the State legislature, touch the political 
rights of the citizen. Appointment and elections to 
public office, the enactment of laws, and the perform¬ 
ance of public duties are questions of political con¬ 
cern. 

Good laws, good administrations, and the perpetu 
ity of the government itself, depend upon the man- 


i68 


JUSTICE. 


ner in which the people discharge their public duties. 
A man who habitually fails to vote and to take inter¬ 
est in the political affairs of his country may be a 
good man, but he is certainly a bad citizen. 

To be a good citizen is to aid intelligently in giving 
the people good government. For a man to hold 
himself aloof from politics, unless his action is based 
upon conscientious scruples, shows his interest in 
himself, and his lack of interest in his country. 

SUGGESTIVE QUESTIONS. 

1. Why does happiness depend upon the maintenance of 
rights ? 

2. How do persons born under government agree to be gov¬ 
erned by the laws ? 

3. If the claims of people as to their rights conflict, how is 
the difference settled ? 

4. What is meant by the phrase “ common carrier” ? 

5. Is it right for men to hold aloof from public affairs because 
there is corruption in politics ? 


CHAPTER XVIL 


LAW AND LIBERTY. 

Through law rights are secured, and the perform¬ 
ance of some duties is enforced. Law is a rule of 
action, prescribing what shall be done and what shall 
not be done. Laws exist for the purpose of securing 
the rights of the people. The enjoyment of rights is 
liberty. 

As the enjoyment of rights depends upon their 
security, and as they are secured by law, therefore 
liberty is based upon law. Without law there could 
be no political liberty, and the civil liberty of the 
people would be narrow and uncertain. It may be 
said, therefore, that there can be no true liberty with¬ 
out law; but laws may be so many and so stringent 
that there can be no liberty. Liberty and just laws 
are inseparable. 

Liberty and rights are of the same kinds, industrial, 
social, moral or religious, and political. The words 
“rights,” “law,” and “liberty” are full of meaning, 
and in a free country suggest ideas of the deepest 
reverence. 

Origin.—The laws of the country are partly human 
and partly divine. They were framed by man, but 
some of them are based upon the laws of God. Some 
are of recent origin, and many are so ancient that 
their beginning can not be traced. When men began 
to live in society, they began to make laws, for laws 

(169) 


170 


LAW AND LIBERTY, 


at once became necessary. Laws are undergoing con¬ 
stant changes, as new conditions arise and new cus¬ 
toms prevail. 

KINDS OF LAW. 

The moral law prescribes our duties to men, and also 
to God. It is summed up and revealed in the Ten 
Commandments, and is the same as the law of nature 
taught us by our consciences. 

The common consists of the principles and rules 
of action applied by the courts in cases not regulated 
by express legislative acts. It is the unwritten law 
which has been practiced for ages in England and the 
United States. In all States of the Union, except 
Louisiana, cases not covered by the acts of the legis¬ 
lature are tried by the common law. 

The civil law is the law that prevailed among the 
ancient Romans. It is still in use among most of 
the nations of continental Europe. In Louisiana it 
is applied to cases not covered by the laws of the 
legislature. The words civil law are sometimes used 
to denote the law governing civil suits. 

Statute law consists of the acts passed by legis¬ 
lative assemblies. The words are used to denote 
the opposite of common law. The enactment of a 
statute by a State legislature repeals the common 
law previously in force upon the same subject. 

International law, often called the law of nations, 
consists of the rules and customs prevailing between 
civilized nations in their relations with one another. 
It is based upon the law of nature, the law of right 
and wrong. 


KINDS OF LA W. 


I7I 

Criminal law is the law governing criminal cases. 
It is partly common law and partly statute law. 
‘‘ Ignorance of the law excuses no one/' 

Parliamentary law consists of the rules and cus¬ 
toms governing parliamentary assemblies. It pre¬ 
vails in all law-making bodies, in conventions and 
deliberative meetings. 

. Martial law is the law which regulates men in 
military service. It prevails in the army and the 
navy. The courts which apply it are called courts 
martial. Martial law is noted for its severity. 

Maritime law^ or marine law, is the law especially 
relating to the business of the sea, to ships, their 
crews, and navigation. The courts of maritime law 
are admiralty courts. 

Commercial law is a system of rules for the regula¬ 
tion of trade and commerce. It is deduced from the 
customs of merchants. 

Courts.,—Laws are administered, that is, explained 
and applied, by means of courts. A court is a body 
organized for the public administration of justice. 
A court may consist of a single judge or justice, or 
of a number of judges acting together. 

A court can administer the laws only in cases 
which are brought before it. The highest court in 
the land can not make an order or render a judgment 
until the question comes to trial in a regular way. 

Suits.— Suits at law are called causes, cases, or 
actions. 

A civil cause is a suit between persons, brought to 
recover rights or to secure compensation for their 
infraction. 


172 


LAW AND LIBERTY. 


A criminal cause is a charge brought by a State or 
by the United States against a person for the com¬ 
mission of a crime. 

The plaintiff is the person who brings the suit. 
The defendant is the person against whom the suit is 
brought. 

In all criminal cases in State courts, the State is 
the plaintiff ; in other words, society prosecutes the 
offender in the name of the State. In criminal 
cases in the United States courts, the United States 
is the plaintiff. 

Judg’es. —The judge represents the majesty of the 
law, and is often called the court. He maintains the 
dignity of the trial, determines the method of pro- 
cedure, interprets the law, instructs the juries, ren¬ 
ders judgment, and in criminal cases passes sentence 
upon the offender. Judges are presumed to be 
learned in the law, and to be perfectly just and 
impartial in their rulings. 

Juries. —Most of the courts of this country have 
two juries, called respectively grand jury and trial 
jury (or petit jury). 

The purpose of the grand jury is to investigate 
crime, and to present charges, called indictments, for 
trial by the court. The number of grand jurors to 
the court varies in different States, being not more 
than twenty-four and not less than twelve. The 
grand jury has a foreman, elected by it, or appointed 
by the judge of the court. 

The grand jury inquires into violations of the law, 
and if, in the judgment of twelve jurors, the evidence 
in a particular case warrants a trial, a formal written 


KINDS OF LA W- 


m 

charge is prepared, and the foreman indorses thereon, 

A true billy Upon this indictment the offender is 
tried by the court. 

In a few States grand juries are rarely if ever 
called, the indictment being found on information” 
or on evidence presented to a court commissioner. 

A trial jury usually consists of twelve men, but i-n 
some States a smaller number may be accepted by 
the judge of the court, in certain cases, by the agree¬ 
ment of the counsel upon the opposing sides. The 
trial jury hears the testimony and argument, and 
then decides upon the truth of the facts in dispute, 
and renders a verdict or decision in the suit, and in 
criminal cases convicts or acquits. 

In some States all the jurors must agree, or there 
is no verdict. In other States the jury may render 
a verdict by the agreement of less than the whole 
number of jurors. Under certain regulations a party 
to a suit m.ay challenge, that is, reject, a part or all of 
the jurors, and have others selected in their stead. 

Origin of Juries.—Grand juries and trial juries 
are of great antiquity. It is thought that they ex¬ 
isted among the Saxons in the north of Europe 
before they invaded and settled England, more than 
fourteen hundred years ago. The jury system and 
many other political institutions of the United States 
are derived from England. 

Both the grand jury and the trial jury are firmly 
grounded in this country, being recognized in the 
constitutions of nearly all the States and the Con¬ 
stitution of the United States, and are regarded as 
among the strongest supports of a free government 


174 


LA IV AND LIBERTY, 


Officers of Courts. —Each court has one or more 
ministerial officers, variously designated as constable, 
sheriff, tipstaff, or marshal. Each court also has one 
or more clerks, and sometimes other officers. Attor¬ 
neys are considered officers of the courts in which 
they practice. They usually represent the plaintiff 
and the defendant in court and are then called counsel. 

Legal Proceedings in civil cases begin by the court 
issuing a writ, at the instance of plaintiff, summoning 
defendant to appear. The defendant responding, 
pleadings are filed—the claims of plaintiff, and answer 
or demurrer of defendant. If these disagree as to 
facts, the court subpoenas witnesses. In the presence 
of judge and jury, the plaintiff states his case and the 
defendant his defense, witnesses are examined and 
cross-examined, and the case is argued. The judge 
then charges the jury—summarizing the evidence and 
indicating points to be decided ; the jury retire to 
prepare their verdict, which is announced and re¬ 
corded as the judgment of the court. 

In criminal cases the accused may be arrested on a 
grand jury indictment or a magistrate’s warrant. Un¬ 
less the crime is murder, the accused may be released 
upon bail until trial, which proceeds as in civil cases. 

SUGGESTIVE QUESTIONS. 

1. Why does the State prosecute offenses, instead of leaving 
this duty to private persons ? 

2. What is meant by passing sentence upon an offender ? 

3. Do you believe in the jury system, or in the trial by several 
judges sitting together ? Why ? 

4. Have you ever seen a court in session ? 

5. In this State a grand jury has how many members ? 


CHAPTER XVIII. 


SUFFRAGE AND ELECTIONS. 

Suffrage.—The most important political right is 
the right of suffrage; that is, the right to vote. As 
the government exists for the benefit of the gov¬ 
erned, the purpose of suffrage is to place it under 
their control. It gives each qualified voter a voice 
in public affairs, and places the country under the 
rule of the people. 

As the interests of the voters and their families are 
the same, and as the voters represent these interests, 
the whole people, including women and children, 
have an influence in the government. The whole 
machinery of the State and of the United States is 
in the hands of those who do the voting. 

Importance. —The importance of this right can 
scarcely be overestimated. It constitutes the differ¬ 
ence between a free country and a despotism. There 
can be no freedom unless the right to vote resides in 
the people; nor can there be good government unless 
this right is exercised with an intelligent regard for 
the public welfare. Yet vast numbers of voters never 
realize the power they wield or the great responsi¬ 
bility it entails upon them. 

Elections. —The right of suffrage is exercised by 
means of elections. An election is the direct method 
of ascertaining the will of the people upon public 
affairs. They are held for the purpose of giving 

( 175 ) 


1/6 


SUFFRAGE AND ELECTIONS. 


the people opportunity to express their choice in 
the selection of officers, and thus to make known 
their will upon questions of public concern. 

Methods of Voting—There are two methods of 
voting—by ballot and viva voce. A man votes by 
ballot by handing to the election officers a slip of 
paper containing the names of the candidates voted 
for, and the office to which each aspires. The officers 
of the election deposit the ballots in a box called the 
ballot-box. A man votes viva voce by announcing to 
the officers the name of the candidate of his choice, 
and having it recorded upon the polling-list. 

The viva voce method was once considered the 
better; but voting by ballot is rapidly growing in 
favor, and bids fair to become general throughout 
the United States. 

The Australian system provides at each polling- 
place a private apartment, called a booth, where each 
voter in private prepares his ballot from a printed 
list of all the candidates, and then hands it to the 
officers, who deposit it in the ballot-box.* 

Officers of Elections.—The officers of elections 
at each polling-place are usually two or more super¬ 
visors, inspectors, or judges; a clerk; and a sheriff, 
marshal, or other officer of the peace. 

The supervisors or inspectors decide who are en¬ 
titled to vote under the law, and when the election 
is by ballot they deposit the ballots in the ballot- 
box. 

The clerk makes a list of the names of voters. 


* For details regarding this system see Chapter XIX. 



ELECTIONS. 


177 

and when the election is viva voce he records the 
votes. 

The sheriff or other peace officer preserves order 
at the polls, has charge of the ballot-box and polling- 
list after the election closes, and delivers them to the 
proper authorities. 

In most States, at the close of the election the 
officers canvass, that is, examine the votes cast, and 
certify the number of votes received by each candi¬ 
date. 

In some States the ballot-box is sealed at the close 
of the election, and delivered to the canvassing board 
of the county. In such cases the canvassing board of 
the county canvasses the vote, and in State and na¬ 
tional elections sends returns to the canvassing board 
of the State at the State capital. 

In some States election officers are appointed by 
the county officers, usually by the county judge or 
probate judge; in other States they are elected by 
the people. 

Bribery.—Bribery in elections is one of the serious 
evils of politics. Bribery is offering or receiving a 
reward for voting. In most States, in addition to 
other penalties, persons convicted of giving or taking 
bribes are disfranchised; that is, are not permitted to 
vote thereafter. In ancient Athens a man convicted 
of corrupting a voter suffered the penalty of death. 

The selling of a vote is regarded as one of the 
most infamous crimes that men can commit. Not 
even the conviction of theft so lowers a man in public 
esteem as a conviction of selling his vote, for bribery 
savors of both theft and treason. To sell his suffrage 

Pbt. C. Go.—12 


178 


SUFFRAGE AND ELECTIONS. 


is to sell his manhood, his country, and his convic¬ 
tions. Most men who sell their votes do it through 
ignorance; they are not aware of the enormity of 
the crime. He who knows its infamy, and yet bar¬ 
ters his suffrage for money, is unworthy of the small¬ 
est trust, or even of the recognition of honest men. 

SUGGESTIVE QUESTIONS. 

1. In what way are voters responsible for the government 
of the country.? 

2. Do you believe in frequent elections ? Why ? 

3. Do you believe in public voting or in secret voting ? 
Why? 

4. Why should election officers be fair and honest men ? 

5. What do you think of vote-buying and vote-selling ? 


CHAPTER XIX. 


THE AUSTRALIAN BALLOT SYSTEM. 

Origin. —The idea of the secret ballot system, now 
known under its various modifications as the Austra¬ 
lian Ballot System, was first proposed by Francis S. 
Dutton, member of the legislature of South Australia 
from 1851 to 1865. At that time the vices frequently 
accompanying open elections had begun to flourish 
in Australia. Bribery, intimidation, disorder, and 
violence were the order of all election days. The 
plan was elaborated, and became a law under the 
name of the “ Elections Act ” in 1857. 

The beneficial results of this method soon became 
evident to other countries, and the movement spread 
to Europe, Canada, and the United States. 

In the United States. —A similar system to that 
originally adopted in Australia was first introduced 
into the United States by its adoption by law in the 
State of Massachusetts in 1888. The next year the 
legislatures of Indiana, Montana, Rhode Island, Wis¬ 
consin, Tennessee, Minnesota, Missouri, Michigan, 
and Connecticut passed laws providing for new sys¬ 
tems of voting, more or less resembling the Australian 
system; and now their example has been followed 
by almost all the other States. In Kentucky the 
system was adopted for the city of Louisville in 1888. 

Principles. —Although there are many modifica¬ 
tions of detail in the statutes of the various States, 

(179) 


r8o the AUSTRALIAN BALLOT SYSTEM. 


there are two essential features of the ballot-reform 
system which are everywhere observed : 

Firsts An arrangement of polling, by which com¬ 
pulsory secrecy of voting is secured, and intimidation 
or corruption of voters is prevented. 

Second, One or more official ballots, printed and 
distributed under authority, on which the names of 
all candidates are found. 

Requirements. —The following are the require¬ 
ments of the system : Ballots must be provided by 
public expense, and none but these ballots may be 
used. On these ballots should be printed the names 
of all candidates who have been nominated previously 
to the election, with the names of the offices for 
which they have been nominated and of the parties 
they represent. 

There are two forms of ballots : the blanket ballot 
and the individual ballot. The former is arranged in 
some States so as to group candidates by parties, and 
in other States by the offices for which they are nom¬ 
inated. In many cases the names of candidates are 
alphabetically arranged, so that there can be no accu- 
sation of giving one party or candidate precedence as 
to position on the ticket. In a few cases, the name 
of the party to which the candidate belongs does not 
appear on the ballot at all, but only the name of the 
office for which he has been nominated: but in most 
cases the name of each party is printed either at the 
head of the ticket or opposite the name of each can- 
didate, or in both places. 

Where individtial ballots are used, a separate ballot 
is printed for each party or independent ticket. 


THE AUSTRALIAN BALLOT SYSTEM. igj 


Voting. —Special sworn clerks are engaged to dis. 
tribute these ballots to voters at the polls. 

The voter is allowed a limited time—say five or 
ten minutes—to retire into an election booth erected 
for the purpose, to make his choice of candidates or 
ballots. If the blanket ballot is in use, he does this 
by placing a cross opposite the name of the desired 
candidate or list of candidates; or by crossing out 
all others; or by means of pasters for the substitu- 



ARRANGEMENT OF POLLING PLACE AS REQUIRED BY MASSACHUSETTS LAW. 


tion of names. If individual ballots are provided, 
he selects the one he prefers, or corrects it to his 
liking by pasting upon it a single name or an entire 
ticket. If he prefers, he may write the names of 
candidates of his own nomination in place of those 
already printed. He, then, without communicating 
with any one, deposits his ballot as his vote. Only 
one man is allowed to enter a booth at a time, and 



























i 82 


THE AUSTRALIAN BALLOT SYSTEM. 


none but the ballot clerks and the man about to 
deposit his ballot are allowed within the enclosure 
erected for the purpose. 

In most States the booths are separated one from 
the other merely by partitions, as indicated in the 
cut; but in a few States each booth is a separate 
compartment with a door, which is closed to prevent 
even a suspicion of any external observation. 

In many States, assistance is rendered to the illit¬ 
erate or the blind. In some cases, in order to aid 
those who can not read, each party adopts a device, 
as an eagle or a flag, which is printed on the ballot. 
In most States a voter who declares that he can not 
read, or that by some physical disability he is unable 
to mark his ballot, may receive the assistance of one 
or two of the election officers in marking it. 

Every ballot must be strictly accounted for. If 
any person in preparing a ballot should spoil it, he 
may obtain others, one at a time, not exceeding three 
in all, provided he returns each spoiled one. All bal¬ 
lots thus returned are either immediately burned or 
else cancelled and preserved by the clerk. 

Advantages.—The advantages which have already 
accrued from the adoption of these laws are manifold : 

First, A secret ballot offers an effectual preventive 
against bribery, since no man will place his money 
corruptly without satisfying himself that the vote is 
placed according to agreement. 

Second, It secures the voter against the coercion, 
solicitation, or intimidation of others, and enables 
him to vote according to the dictates of his con^ 
science. 


rHE AUSTRALIAN BALLOT SYSTEM, 


Third, Bargaining and trading at the polls is pre¬ 
vented, and with these much tumult, riot, and dis¬ 
order must of necessity disappear. 

Fourth, Money is made less of a factor in politics, 
and the poor man is placed on a plane of equality 
with the rich as a candidate. 

In addition to these obvious advantages, the ballot 
reform movement promises to have much wider ef¬ 
fects, and to pave the way and lay the foundation for 
other political reforms. 

Forms of Ballots. —On pages 185, 186, and 187 
are given forms of ballots and other matter illustrating 
various methods employed in carrying out the ballot 
laws of the States. It will be observed that each of 
these three ballots is representative of a different 
method. 

First, In the Louisville ballot, no party name ap¬ 
pears, and the ballots are numbered consecutively to 
prevent duplication or fraud of any kind. On this 
form of ballot, which most resembles that used in 
Australia, the individual candidate is made promi¬ 
nent, and party connection does not appear at all. 

Second, In the Massachusetts ballot, the names of 
the candidates are grouped according to office, but in 
addition to this, the party name appears opposite the 
name of each candidate. On this form of ballot, 
while the party connection of each candidate is indi¬ 
cated, greater prominence is given to the individual, 
and the voter is required to make choice of a candi¬ 
date for each office separately. He cannot vote a 
straight ticket by a single mark. 

Third, In the Indiana ticket, the names are grouped 


184 the AVSTEALIAN BALLOl SYSTEM. 


according to party, not according to office, the party 
name appearing at the head of the ballot as well as 
at the side of each name. On this form of ballot, 
the party connection of the candidate is made most 
prominent, and while provision is made for voting 
for individuals representing different parties, still the 
voting of a straight ticket is made most easy. 

Some one of these three forms is almost universally 
used wherever the ballot reform has been adopted. 

A fourth form, namely, that of the individual ballot 
as used in the State of New Jersey^ can not be here 
shown, as a separate ballot is required for each party 
or each independent nomination. These separate 
ballots are all ojfcial, and are furnished at public 
expense; but the use of an unofficial ballot is prac¬ 
tically allowed, since the voter is permitted to take 
to the voting booth a paster ballot containing a com¬ 
plete party ticket, printed and furnished at party 
expense. This he can paste over the official ballot 
and deposit as his vote. 


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NOTE.—Persons desiring to vote a straight ticket, need only cancel the abbreviation before the name of the party, with the stamp provided 
in the polling booth, but those who wish to vote for special names on various party tickets, must cancel the abbreviation before each such name. 













































































I88 the AUSTRALIAN BALLOT SYSTEM. 


SUGGESTIVE QUESTIONS. 

1. What is meant by the Australian ballot system ? 

2. Name some places in the United States in which a simi¬ 
lar system of reform has been adopted. 

3. What are the essential principles of the system ? 

4. What are the necessary requirements for carrying out 
the law ? 

5. What is the object in providing official ballots ? 

6. Describe two kinds of polling booths used. 

7. What are the obvious advantages of the reform ? 

8. Describe the characteristic forms of ballot used in various 
States which have adopted the reform. 

9. Name one place in the United States where each form is 
used. 

10. Compare the Louisville ballot with the Massachusetts 
ballot, and note their differences. 

11. Compare the Louisville ballot with the Indiana ballot. 

12. In what respects do the Massachusetts and Indiana 
ballots differ ? 


QUESTION FOR DEBATE. 

Which system of voting is likely to secure the best public 
officers: that represented in the Louisville ballot, in the 
Massachusetts ballot, or in the Indiana ballot ? 


CHAPTER XX. 


PARTIES AND PARTY MACHINERY. 

Wherever the right to vote exists, the people 
naturally form themselves into political parties. 

A political party is an organization of voters main¬ 
tained for the purpose of impressing its principles 
upon the public policy of the country. Men have 
divers views as to the duties, scope, and proper meas¬ 
ures of the government, and these divers views lead 
to the formation of opposing parties. In a fre-e 
country the majority must rule, and parties are the 
means by which majorities are ascertained. 

Origin.—Parties usually grow out of questions of 
legislation, rather than out of questions of executive 
management or judicial interpretation. In other 
words, a party is formed to influence the passage of 
laws, rather than their execution or their application 
by the courts. But, when parties are once formed, 
they usually extend their influence to the selection 
of officers of all grades and all departments, even the 
least important officials of a township or civil district. 

The presidential election has come to be the most 
exciting and bitter of all political contests, because 
of the large influence which the President exerts 
upon national legislation, and because of the im¬ 
mense patronage of his office. 

Necessity. —Parties appear to be a necessity in 
all free governments. They serve as check upon 


PARTIES AND PARTY MACHINERY. 


190 

one another, as the party in power is responsible for 
the public policy of the country. If the people are 
dissatisfied with the party in power, they can dis¬ 
place it and elect another in its stead. Parties are 
therefore placed upon their good behavior, and made 
to feel their responsibility to the people. 

If there were no party organizations, many of the 
views of a candidate would not be known, and there 
could be no assurance that he would be true to the 
interests of the majority electing him. The fact 
that a public man is a member of a certain party 
shows many of the views which he entertains and 
the principles which he may be expected to support. 

Party government is often bad, but as the party 
is responsible for the conduct of all officers elected 
by it, party government, especially in legislative af¬ 
fairs, is better than personal government, in which 
no one but the officer himself is responsible for his 
official conduct. 

Party Machinery. —The machinery of parties in 
this country is very complex, and is closely inter¬ 
woven with our system of government. Each party 
must select candidates for the various offices in the 
gift of the people, in order that it may exert its 
greatest power in elections and in public affairs. 
The people in each party must have a voice in the 
selection of candidates for township offices, district 
offices, county offices. State offices, and President 
and Vice President of the United States. Therefore 
each party has a system of committees, conventions, 
primary elections, and caucuses, for ascertaining the 
choice of its members for these various offices. 


PARTY MACHINERY. 


191 


Parties and party machinery are not generally 
provided for in the law, but they exist by a custom 
almost as old as the government, and are firmly fixed 
in our political system. 

Committees. —Each of the great parties has a 
national committee, consisting of one member from 
each State and Territory, chosen by its national con¬ 
vention. The national committee is the chief execu¬ 
tive authority of the party. It calls the national 
convention, fixes the time and place for holding it, 
and the representation to which each State and 
Territory is entitled. It appoints a sub-committee 
of its members, called the campaign or executive 
committee, which conducts the political canvass or 
campaign, for the party. 

The campaign committee distributes pamphlets, 
speeches, newspapers, and other political documents 
among the voters of the country ; selects public speak¬ 
ers ; makes appointments for them to speak; arranges 
for party meetings; collects funds to bear the expenses 
of the campaign, and has a general oversight of the 
party work in all the States. 

Each party also has a State committee in each 
State, usually consisting of a member from each 
congressional district, in some States consisting of a 
member from each county ; a district committee in 
each congressional, judicial, senatorial, and represen¬ 
tative district, consisting of a member from each 
county composing the district; a county committee, 
consisting of a member from each township or civil 
district; and in some States, various other commit- 
teeso 


192 


PARTIES AND PARTY MACHINERY, 


Each of these committees performs for the divis¬ 
ion for which it is selected duties similiar to those 
which the national committee performs for the 
whole Union. 

Conventions. —The usual method of ascertain¬ 
ing the choice of a party in the selection of can¬ 
didates, especially for the higher offices,' is by a 
convention. 

A political convention is an assemblage of the voters 
of a party, either in person or by representatives 
called delegates. If the voters assemble in person, 
the convention is called a primary or mass meeting. 

The purpose of a convention may be to select can¬ 
didates for office, to send delegates to a higher con¬ 
vention, to adopt a declaration of principles, or to 
decide upon a party policy. It is common for two 
or more of these purposes to come before the same 
convention. 

Calling Conventions. —In the year of the presiden¬ 
tial election, the national committee calls a national 
convention, naming the time and place, and the repre¬ 
sentation of each State. The State committee calls 
a State convention to send delegates to the national 
convention ; and, if a State election is approaching, 
it may direct that the convention shall also select 
candidates for State offices. In response to this call, 
the county committees order county conventions in 
all the counties of the State to send delegates to the 
State convention, and perhaps to select candidates 
for county offices. In some States the township 
committees order township conventions in all town¬ 
ships for the purpose of sending delegates to the 


PARTY MACHINERY. 


m 

county conventions, and perhaps to name candidates 
for township offices. 

It will be seen that the calling of the various con¬ 
ventions connected directly or indirectly with the 
selection of candidates for President and Vice Presi¬ 
dent proceeds from the highest downward. The 
same order is observed in other conventions, the call 
always beginning with the highest committee con¬ 
cerned and proceeding to the lowest. 

Local and State Conventions. —The order of 
holding a system of conventions reverses the order 
of their call. It proceeds from the lowest to the 
highest. The township holds a convention and sends 
delegates to the county convention. The county 
convention sends delegates to the State convention, 
and the State convention sends delegates to the 
national convention. 

In case a convention is called in a district com¬ 
posed of several counties, the delegates from the 
counties assemble at a point selected by the district 
executive committee. 

National Convention. —A national convention is 
an important assemblage. It contains many distin¬ 
guished men, and exerts a great influence upon the 
political history of the country. A national conven¬ 
tion usually consists of more than eight hundred 
delegates, there being four delegates from each State, 
two from each congressional district in the Union, 
and two from each Territory. 

In the selection of delegates to the national con¬ 
vention, the State convention as a body selects four, 
representing the two United States senators, and the 

PKT, C. Go .—13 


194 


PARTIES AND PARTY MACHINERY. 


members of the convention from each congressional 
district select two, representing the lower house of 
Congress. For each delegate the State convention 
also selects an alternate delegate, who attends the 
national convention in case the regular delegate can 
not be present. 

The national convention is called to order by the 
chairman of the national committee. It then elects 
a temporary chairman, and afterward a permanent 
president. The convention appoints the national 
committee, calling upon the delegation from each 
State to name its member; adopts a declaration of 
principles, called a platform, for the approaching 
campaign ; nominates candidates for President and 
Vice President, and performs various other work con¬ 
nected with the party organization. 

Platform.—The declaration of party principles 
adopted and issued by a convention is called a plaU 
form, and each separate statement of a principle is 
popularly called a plank. 

The platform is an announcement of the policy to 
be pursued by the party if its candidates are elected, 
and is presumed to contain all the important princi¬ 
ples upon which the voters of the party are agreed. 
Upon these principles the party claims the right to 
administer the public affairs of the country. 

The platforms of State and local conventions are 
usually based upon the national platform of the same 
party, but also contain statements of principles upon 
local questions. 

Nominations.—To nominate a candidate is to 
name him for office ; that is, to place his name before 


PARTY MACHINERY. 


195 


the public. The person nominated is called the 
nominee, and all the nominees for a certain election 
constitute a ticket. 

A nomination usually secures to a candidate the 
general support of the party. Voters may vote for 
other persons than the nominees, but the great body 
of voters usually support the tickets of their respect¬ 
ive parties. Nomination serves to prevent a great 
number of candidates, and thus simplifies the election. 

Primary Elections.—Candidates for township, 
county, and district offices are frequently chosen by 
means of primary elections. 

A primary election is an election in which the mem¬ 
bers of a party express their choice for candidates for 
office. None but the members of the party holding 
it can vote in a primary election. Many persons 
prefer the primary to a convention, believing the 
former to be a fairer and more impartial method of 
ascertaining the choice of the party. The voting is 
sometimes by ballot and sometimes viva voce. 

In some States primary elections are under the 
control of the law, and are guarded by the same 
restrictions that pertain to other elections. 

Caucuses.—A meeting composed of the members 
of a legislative body who are of the same party, and 
assembled for party purposes, is called a caucus. 
Ward conventions in cities are sometimes called by 
the same name. 

The usual purpose of a caucus is to nominate can¬ 
didates for offices within the gift of the legislative 
body, or to consider questions of legislation. A 
caucus elects a chairman and other officers, but 


PARTIES AND PARTY MACHINERY, 


rarely if ever adopts a platform of principles. The 
great political parties of the country have caucuses 
in each branch of Congress, and usually in the legis¬ 
latures of the several States. 

SUGGESTIVE QUESTIONS. 

1. Name the great parties that have existed in the United 
States. 

2. Who are the respective chairmen of the national executive 
committees of the two great parties 1 

3. Read the last national platforms of the two great parties. 

4. Which do you like better, primary elections or conven¬ 
tions ? Why ? 

5. Should a member of a legislative body be influenced in 
his vote by the decision of the caucus of his party ? 


CHAPTER XXL 


LEGISLATION. 

Legislation, the act or process of making laws, is 
the most important function of government. It 
is the most important, because it is the first step, and 
the enforcement and interpretation of laws depend 
upon their enactment. The laws of a country should 
be as few in number, as simple in construction, and as 
uniform in their application, as will meet the needs of 
the people. It is a great misfortune for the laws 
to bear unequally upon the people; to grant special 
privileges to one class, or to impose special hardships 
upon another class. 

The great variety and volume of laws made by the 
national and the State legislatures of the United 
States have led to a close study of legislation. In no 
other country is the process of making laws so thor¬ 
oughly mastered, or parliamentary law so generally 
understood. 

Bills.—The process of enacting a law, from its in¬ 
troduction to its final approval, is an intricate and 
interesting study. Until its passage and final ap¬ 
proval, a measure is called either a bill ox 2. re solution. 

Bills and resolutions are very similar, the latter 
usually being simpler, and beginning with the words, 
“ Be it resolved ” or simply “ Resolved,” while the 
former begin with the words, “ Be it enacted.” A 
joint resolution as well as a bill requires the concur. 

(197) 


198 


LEG I SLA TION. 


rence of both houses of a legislative assembly to make 
it a law. 

Introduction.—The introduction of a bill is the 
first presentation of it to a legislative body for action. 
This is usually done by asking “ leave ” of the body, 
either orally or in writing, to bring the measure before 
it. This leave to present is rarely if ever refused. 

The rules require that after its introduction it shall 
be three times read aloud before its passage. These 
three readings do not refer to readings for informa¬ 
tion as to its provisions. The constitutions of nearly 
all States require that the three readings shall be on 
three different days ; but in most of them this rule 
may be suspended by a two thirds, three fourths, 
four fifths, or unanimous vote, the requisite majority 
varying in different States. 

Committees.—When a bill or resolution is intro¬ 
duced, it is usual to refer it to a committee for a 
critical consideration. A committee usually consists 
of from three to thirteen members, of whom the first 
named is usually chairman, presumably selected for 
their knowledge of the subjects to come before them. 

K standing committee lasts during the entire session. 
Most legislative bodies have from twenty to forty 
standing committees. 

A special ox select committee is raised for a special pur¬ 
pose, and is usually adjourned when its report is made. 

A committee of the whole consists of all the mem¬ 
bers of a body sitting as a committee. In commit¬ 
tees of the whole the regular presiding officer usually 
vacates the chair, calling some other member of the 
body to act as chairman. The principal part of the 


LEG I SLA TION. 


199 


work of a legislative body is perfected by its commit¬ 
tees. They discuss the merits and demerits of bills, 
and perfect such as, in their judgment, should pass. 

Reports. —The committee to whom a bill has been 
referred critically examines it, and usually reports it 
to the body, either favorably or unfavorably^ recom¬ 
mending that it should pass or should not pass. If 
the members of a committee are equally or nearly 
equally divided as to the merits of the bill, it may be 
reported without an expression of opinion. 

When important bills are reported by a commit¬ 
tee they are usually discussed by the members of the 
body. The debate on the measure usually brings 
out the reasons for, and those against, its passage. 
Many bills are several times recommitted—that is, 
again referred to a committee—before their passage. 

In some legislative bodies, especially in the Con¬ 
gress of the United States, a great many bills are 
pigeon-holed by committees; that is, are filed away and 
never reported. The reports of the committees, 
whether favorable or unfavorable, are usually adopted 
by the body, and therefore have an important bearing 
upon legislation. 

Amendments. —In most legislative bodies a bill 
may be amended at the pleasure of the majority, 
before it is read the third time. Amendments are' 
made for the purpose of perfecting the measure. A 
bill may be amended by striking out some of its pro¬ 
visions, by striking out and inserting, or by inserting. 

A bill passed by one house of a legislature may be 
amended by the other house, but, if amended, must 
be returned with the amendment to the house in 


20G 


LEGISLATION, 


which it originated, in order that the amendment 
may be considered. If one house amends and the 
other refuses to accept, the bill is often referred to 
a conference committee of members of both houses. 
If this does not secure agreement, and both adhere 
to their original action, the bill fails. 

Passage. —When a bill passes the house in which 
It originated, the clerk transmits and reports it to 
the other house for action. The house to which it is 
transmitted may pass it without commitment, but usu¬ 
ally refers it to a committee, and, when reported, may 
pass it or reject it, or amend it and return it with the 
amendment to the house in which it originated. 

When passed by both houses, the bill is engrossed 
—that is, rewritten without blots or erasures—and 
transmitted to the President or governor, as the case 
may be, for his approval. If approved and signed, or 
if not returned within a fixed time, the bill becomes a 
law. If vetoed, it must be again considered by both 
bodies, and is lost unless again passed by each, and in 
Congress and in many States by a two thirds vote. 

SUGGESTIVE QUESTIONS. 

1. Obtain from any convenient source and present in the 
recitation a sample of a bill, and also.of a resolution. 

2. Why should a bill have three separate readings on three 
different days ? 

3. Why is the report of a committee generally adopted by the 
body ? 

4. Why are chairmanships of committees usually much sought 
after in legislative bodies ? 

5. Present in the recitation a copy of the report of a legisla¬ 
tive committee upon some subject. 


CHAPTER XXII 


REVENUE AND TAXATION. 

Revenue. —The regulation of revenue and tax¬ 
ation is one of the most important and difficult 
questions of government. One of the wisest of 
modern statesmen has said that the management of 
finance is government. 

Government, whatever its form, is an intricate and 
expensive machine, and therefore sure and ample 
sources of revenue are as necessary to it as blood is 
to the human body. The necessary expenses of a 
local community, such as a village, a city, or a county, 
are heavy; while those of a State are immense, and 
those of a nation almost beyond conception. These 
expenses must be promptly met, or the government 
becomes bankrupt, lacking in respect, without power 
to enforce its rights even among its own people, and 
finally ceases to exist. 

Taxation.—The chief source of revenue in all 
governments is taxation. A tax is a portion of 
private property taken by the government for public 
purposes. Taxation, the act of laying taxes, is re¬ 
garded as the highest function of government. It is 
also one of the most delicate, because it touches the 
people directly, and is therefore frequently the cause 
of discontent among the masses. 

The government makes no direct return to the 

( «oit) 


202 


REVENUE AND TAXATION 


citizen for the taxes it exacts, and in this respect 
only does taxation differ from the exercise of the 
right of eminent domain. How much revenue must 
be raised ? what articles should be taxed ? what should 
be the rate of taxation ? are questions that concern 
every government. 

As a person may be at the same time a citizen of 
a village, a township, a county, a State, and the 
United States, so he may, during the same year, pay 
a separate tax to each of these five governments. 

Necessity of Taxation.—Taxation is one of the 
necessary burdens of society. A government as well 
as an individual must have money to pay its ex¬ 
penses, and the principal part, if not all, of this 
money must be raised by taxation of one kind or 
another. Men may differ as to the kind and the rate 
of taxation, but taxes must be paid in order that 
government may exist. The tax payer receives no 
immediate return for his taxes, but has a constant 
return in the way of protection to life, liberty, and 
property, the enjoyment of public conveniences, and 
the improvement of society. 

By means of taxes each person bears his part in 
the cost of maintaining the social compact. He 
gives up a portion of his property in order that what 
remains may be the more secure and valuable, and 
that he may enjoy many other blessings that would 
otherwise be impossible. Although the rate is 
often high, even higher than necessary, it is safe 
to say that every tax payer of the country receives 
from the government more than he contributes by 
taxation 


TAXA TION. 


203 


Taxes are direct or indirect. 

Direct Taxes.—A direct tax is levied directly 
at a given rate upon property or polls. Taxes levied 
by villages, towns, townships, cities, counties, and 
States are for the most part direct taxes. 

A poll tax is levied upon the polls, or heads, of the 
male inhabitants who have attained a certain age, 
usually twenty-one years. 

A property taXy as the name indicates, is levied 
upon property. Property is of two kinds, real and 
personal. 

Real property, usually called real estate, consists of 
lands and buildings. 

Personal property is that which can be moved from 
place to place, and includes everything that a person 
can own except real estate. 

In all systems of taxation, much real estate, such 
as churches, cemeteries, tombs, colleges, universities, 
charitable institutions, and public buildings of the 
State and the United States, is exempt from pay¬ 
ment of taxes. 

Five times in its history—namely, in 1798, 1813, 
1815, 1816, and 1861—the United States levied a 
direct tax upon the people, but in each case the law 
was in force but a single year. From 1861 to 1871 
there was also an income tax; that is, a tax of a given 
per cent, upon all annual incomes that exceeded a 
certain amount. 

Indirect Taxes.—An indirect tax assessed upon 
the property of one person, but is indirectly paid by 
another. The owner of the property at the time of 
assessment pays the tax to the government, but a 


204 


REVENUE AND TAXATION 


part or all of the tax is ultimately paid by the con¬ 
sumer of the goods. All taxes now levied by the 
national government are indirect. 

The indirect taxes levied by the national govern¬ 
ment are customs^ or duties^ and internal revenue. 

Customs, or Duties.— Customs^ or duties, are taxes 
levied upon certain goods imported from foreign 
countries. The Constitution prohibits the taxation 
of exports. 

The schedule or list of articles taxed and of duties 
to be paid is called the tariff. Custom dues are 
collected by officers of the national government at 
the custom-houses, located at the ports of entry, 
usually, but not always, on or near the sea-coast. By 
far the larger portion of the national revenue is de¬ 
rived from customs. 

Internal Revenue.— Internal revenue, sometimes 
called excise, is a tax levied upon certain articles pro¬ 
duced in this country, such as tobacco and spirituous 
liquors. It is collected by officers of the national 
government, called collectors, stationed in different 
parts of the country. 

♦SUGGESTIVE QUESTIONS. 

1. Name some of the items of expense in village gov¬ 
ernment, 

2. In township government. 

3. In city government. 

4. In county government. 

5. In State government. 

6. In national government. 

7. What is the rate of property taxation in this country? 

8. What is the rate in this State ? 

9. Where is the nearest custom-house ? 


CONSTITUTION OF THE UNITED STATES. 


PREAMBLE. 

We, the people of the United States, in order to form a more per¬ 
fect union, establish justice, insure domestic tranquillity, provide for 
the common defense, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 

ARTICLE I. Legislative Department. 

Section L Congress in General. 

All legislative powers herein granted shall be vested in a Congress 
of the United States, which shall consist of a Senate and House of 
Represen tati ves. 

Section II. Hotise of Representatives. 

Clause I. The House of Representatives shall be composed of mem¬ 
bers chosen every second year by the people of the several states ; and 
the electors in each state shall have the qualifications requisite for 
electors of the most numerous branch of the State Legislature. 

Clause 2. No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years a citizen 
of the United States, and who shall not, when elected, be an inhab¬ 
itant of that state in which he shall be chosen. 

Clause 3. Representatives and direct taxes shall be apportioned 
among the several states which may be included within this Union, 
according to their respective numbers, which shall be determined by 
adding to the whole number of free persons, including those bound 
to service for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of representatives shall not 
exceed one for every thirty thousand, but each state shall have at least 
one representative ; and until such enumeration shall be made, the 
state of New Hampshire shall be entitled to choose three, Massachu¬ 
setts eight, Rhode Island and Providence Plantations one, Connec¬ 
ticut five, New York six. New Jersey four, Pennsylvania eight, Dela¬ 
ware one, Maryland six, Virginia ten, North Carolina five, South 
Carolina five, and Georgia three. 

Clause 4. When vacancies happen in the representation from any 
state, the executive authority thereof shall issue writs of election to 
fill such vacancies. 


( 205 ) 





2 o6 


CIVIL GOVERNMENT. 


Clause 5. The House of Representatives shall choose their speaker 
and other officers, and shall have the sole power of impeachment. 

Section HI. Senate. 

Clause I. The Senate of the United States shall be composed of 
two senators from each state, chosen by the Legislature thereof for 
six years, and each senator shall have one vote. 

Clause 2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided, as equally as may be, into 
three classes. The seats of the senators of the first class shall be 
vacated at the expiration of the second year, of the second class at the 
expiration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second year ; 
and if vacancies happen, by resignation or otherwise, during the recess 
of the Legislature of any state, the executive thereof may make tem¬ 
porary appointments until the next meeting of the Legislature, which 
shall then fill such vacancies. 

Clause 3. No person shall be a senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that state 
for which he shall be chosen. 

Clause 4. The Vice-president of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally divided. 

Clause 5. The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the Vice-president, or when 
he shall exercise the office of President of the United States. 

Clause 6. The Senate shall have the sole power to try all impeach¬ 
ments. When sitting for that purpose, they shall be on oath or affirm¬ 
ation. When the President of the United States is tried, the chief 
justice shall preside ; and no person shall be convicted without the 
concurrence of two-thirds of the members present. 

Clause 7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy any 
office of honor, trust, or profit under the United States ; but the party 
convicted shall, nevertheless, be liable and subject to indictment, 
trial, judgment, and punishment according to law. 

Section IV. Both Houses. 

Clause I. The times, places, and manner of holding elections for 
senators and representatives shall be prescribed in each state by the 
Legislature thereof; but the Congress may at any time, by law, make 
or alter such regulations, except as to the places of choosing senators. 

Clause 2. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Section V. The Houses separately. 

Clause I. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each shall 


CONSTITUTION OF THE UNITED STATES. 


207 


constitute a quorum to do business ; but a smaller number may ad¬ 
journ from day to day, and may be authorized to compel the attend¬ 
ance of absent members, in such manner and under such penalties as 
each house may provide. 

Clause 2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 

Clause 3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may in 
their judgment require secrecy ; and the yeas and nays of the members 
of either house, on any question, shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Clause Neither house during the session of Congress shall, with¬ 
out the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Section VI. Disabilities of Members. 

Clause I. The senators and representatives shall receive a com¬ 
pensation for their services, to be ascertained by law, and paid out of 
the treasury of the United States. They shall in all cases, except 
treason, felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective houses, and 
in going to and returning from the same ; and for any speech or de¬ 
bate in either house, they shall not be questioned in any other place. 

Clause 2. No senator or representative shall, during the time for 
which he was elected, be appointed to any civil office under the au¬ 
thority of the United States, which shall have been created, or the 
emoluments whereof shall have been increased, during such time ; 
and no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Section VII. Mode of passing Laws. 

Clause I. All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur with 
amendments, as on other bills. 

Clause 2. Every bill which shall have passed the House of Repre¬ 
sentatives and the Senate shall, before it become a law, be presented 
to the President of the United States ; if he approve, he shall sign it ; 
but if not, he shall return it, with his objections, to that house in 
which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it. If, after such recon¬ 
sideration two-thirds of that house shall agree to pass the bill, it shall 
be sent, together with the objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by two-thirds of that 
house, it shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned by the 
President within ten days (Sundays excepted) after it shall have been 


208 


CIVIL GOVERNMENT, 


presented to him, the same shall be a law in like manner as if he had 
signed it, unless the Congress by their adjournment prevent its return, 
in which case it shall not be a law. 

Clause 3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President of 
the United States ; and before the same shall take effect, shall be ap¬ 
proved by him, or, being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Section VIII. Powers granted to Congress. 

The Congress shall have power— 

Clatise 1. To lay and collect taxes, duties, imposts, and excises, to 
pay the debts and provide for the common defense and general welfare 
of the United States ; but all duties, imposts and excises shall be 
uniform throughout the United States; 

Clause 2. To borrow money on the credit of the United States ; 

Clause 3. To i-egulate commerce with foreign nations, and among 
the several states, and with the Indian tribes ; 

Clause 4. To establish a uniform rule of naturalization and uniform 
laws on the subject of bankruptcies, throughout the United States ; 

Clause 5. To coin money, regulate the value thereof and of foreign 
coin, and fix the standard of weights and measures; 

Clause 6. To provide for the punishment of counterfeiting the securi¬ 
ties and current coin of the United States ; 

Clause 7. To establish post-ofihces and post-roads ; 

Clause 8. To promote the progress of science and useful arts, by 
securing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

Clause 9. To constitute tribunals inferior to the Supreme Court; 

Clause 10. To define and punish piracies and felonies committed on 
the high seas, and offenses against the law of nations ; 

Clause II. To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water ; 

Clause 12. To raise and support armies ; but no appropriation of 
money to that use shall be for a longer term than two years ; 

Clause 13. To provide and maintain a navy ; 

Clause 14. To make rules for the government and regulation of the 
land and naval forces ; 

Clause 15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions ; 

Clause 16. To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the states respectively the 
appointment of the officers and the authority of training the militia 
according to the discipline prescribed by Congress ; 

Clause 17. To exercise exclusive legislation, in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by cession ot 


CONSTITUTION OF THE UNITED STATES, 2O9 


particular states and the acceptance of Congress, become the seat of 
the government of the United States, and to exercise like authority 
over all places purchased, by the consent of the Legislature of the State 
in which the same shall be, for the erection of forts, magazines, arse¬ 
nals, dock-yards, and other needful buildings ; and 

Clause 18. To make ail laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, or 
in any department or officer thereof. 

Section IX. Powers denied to the United States. 

Clause I, The migration or importation of such persons as any of the 
states now existing shall think proper to admit, shall not be prohibited 
by the Congress prior to the year one thousand eight hundred and eight; 
but a tax or duty may be imposed on such importation, not exceeding 
ten dollars for each person. 

Clause 2. The privilege of the writ of habeas corpus shall not be sus¬ 
pended unless when, in cases of rebellion or invasion, the public 
safety may require it. 

Clause 3. No bill of attainder, or ex-post-facto law, shall be passed. 

Clause 4. No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration herein before directed to be taken. 

Clause 5. No tax or duty shall be laid on articles exported from any 
state. 

Clause 6. No preference shall be given by any regulation of com¬ 
merce or revenue to the ports of one state over those of another ; nor 
shall vessels bound to or from one state be obliged to enter, clear, or 
pay duties in another. 

Clause 7. No money shall be drawn from the treasury but in conse¬ 
quence of appropriations made by law ; and a regular statement and 
account of the receipts and expenditures of all public money shall be 
published from time to time. 

Clause 8. No title of nobility shall be granted by the United States ; 
and no person holding any office of profit or trust under them shall, with¬ 
out the consent of the Congress, accept of any present, emolument, 
office, or title of any kind whatever, from any king, prince, or foreign 
state. 

Section X. Powers denied to the States. 

Clause I. No state shall enter into any treaty, alliance, or confedera¬ 
tion ; grant letters of marque and reprisal ; coin money ; emit bills of 
credit; make any thing but gold and silver coin a tender in payment 
of debts ; pass any bill of attainder, ex-post-facto law,or law impairing 
the obligation of contracts ; or grant any title of nobility. 

Clause 2. No state shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports except what may be absolutely 
necessary for executing its inspection laws ; and the net produce of all 
duties and imposts laid by any state on imports or exports shall be for 
the use of the treasury of the United States , and all such laws shall 
be subject to the revision and control of the Congresa 

Prt. C. Ga—^ 


210 


CIVIL GOVERNMENT, 


Clause 3. No state shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another state or with a foreign 
power, or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

ARTICLE II. Executive Department. 

Section I. President and Vice-president. 

Clause I, The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the term of 
four years, and, together with the Vice-president, chosen for the same 
term, be elected as follows : 

Clause 2. Each state shall appoint, in such manner as the Legis¬ 
lature thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may be 
entitled in the Congress ; but no senator or representative, or person 
holding an office of trust or profit under the United States, shall be 
appointed an elector. 

\Clause 3. The electors shall meet in their respective states, and 
vote by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same state with themselves. And they shall make a 
list of all the persons voted for, and of the number of votes for each ; 
which list they shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the President of 
the Senate. The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest number of 
votes shall be the President, if such number be a majority of the whole 
number of electors appointed ; and if there be more than one who 
have such majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose by ballot one of 
them for President ; and if no person have a majority, then, from the 
five highest on the list, the said House shall in like manner choose 
the President. But in choosing the President, the votes shall be 
taken by states, the representation from each state having one vote, a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be neces¬ 
sary to a choice. In every case, after the choice of the President, the 
person having the greatest number of votes of the electors shall be the 
Vice-president. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
president.*] 

Clause 4. The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes, which day 
shall be the same throughout the United States. 

Clause 5. No person except a natural-born citizen, or a citizen of 


* Altered by the 12th Amendment. See page 217. 



CONSTITUTION OF THE UNITED STATES. 21I 


the United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President ; neither shall any person be 
eligible to that office who shall not have attained to the age of thirty- 
five years, and been fourteen years a resident within the United States. 

Clause 6. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-president; and 
the Congress may by law provide for the case of removal, death, resig¬ 
nation, or inability, both of the President and Vice-president, declar¬ 
ing what officer shall then act as President ; and such officer shall act 
accordingly, until the disability be removed, or a President shall be 
elected. 

Clause 7. The President shall, at stated times, receive for his ser¬ 
vices a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

Clause 8. Before he enter on the execution of his office, he shall 
take the following oath or affirmation : 

“ I do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and will, to the best of my 
ability, preserve, protect, and defend the Constitution of the United 
States.” 

Section II. Powers of the President. 

Clause T. The President shall be commander-in-chief of the army 
and navy of the United States and of the militia of the several states, 
when called into the actual service of the United States ; he may re¬ 
quire the opinion in writing of the principal officer in each of the 
executive departments, upon any subject relating to the duties of their 
respective offices ; and he shall have power to grant reprieves and 
pardons for offenses against the United States, except i-n cases of im¬ 
peachment. 

Clause 2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the senators 
present concur ; and he shall nominate, and by and with the advice 
and consent of the Senate shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all other offi¬ 
cers of the United States, whose appointments are not herein other¬ 
wise provided for, and which shall be established by law ; but the 
Congress may by law vest the appointment of such inferior officers as 
they think proper in the President alone, in the courts of law, or in 
the heads of departments. 

Clause 3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting com¬ 
missions, which shall expire at the end of their next session. 

Section III. Duties of the President. 

He shall, from time to time, give to the Congress information of the 
state of the Union, and recommend to their consideration such meas- 


212 


C/r/Z GOVERNxVlENT. 


ures as he shall judge necessary and expedient ; he may, on extraor¬ 
dinary occasions, convene both houses, or either of them ; and in 
case of disagreement between them, with respect to the time of ad¬ 
journment, he may adjourn them to such time as he shall think proper ; 
he shall receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Section IV. Impeachment of the President, 

The President, Vice-president, and all civil officers of the United 
States, shall be removed from office on impeachment for and convic¬ 
tion of treason, bribery, or other high crimes and misdemeanors. 

ARTICLE III. Judicial Department. 

Section I. United States Courts. 

The Judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may from 
time to time ordain and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behavior; and 
shall, at stated times, receive for their services a compensation, which 
shall not be diminished during their continuance in office. 

Section II. Jurisdiction of the United States Courts. 

Clause I. The judicial power shall extend to all cases in law and 
equity arising under this Constitution, the laws of the United States, 
and treaties made, or which shall be made, under their authority ; to 
all cases affecting ambassadors, other public ministers, and consuls ; 
to all cases of admiralty and maritime jurisdiction ; to controversies 
to which the United States shall be a party ; to controversies between 
two or more slates ; between a state and citizens of another state ; be¬ 
tween citizens of different states ; between citizens of the same state 
claiming lands under grants of different states ; and between a state, 
or the citizens thereof, and foreign states, citizens, or subjects.* 

Clause 2. In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a state shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, both 
as to law and fact, with such exceptions, and under such regulations 
as the Congress shall make. 

Clause 3. The trial of all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the state where the 
said crimes shall have been committed ; but when not committed 


♦ Altered by the nth Amendment. See page 216. 



CONSTITUTION OF THE UNITED STATES. 213 


within any state, the trial shall be at such place or places as the Con 
gress may by law have directed. 

Section III. Treason. 

Clause I. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving them 
aid and comfort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on confession 
in open court. 

Clause 2. The Congress shall have power to declare the punishment 
of treason ; but no attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV. 

Section I. State Records, 

Full faith and credit shall be given in each state to the public acts, 
records, and judicial proceedings of every other state. And the Con 
gress may, by general laws, prescribe the manner in which such acts, 
records, and proceedings shall be proved, and the effect thereof. 

Section II. Privileges of Citizens^ etc. 

Clause I. The citizens of each state shall be entitled to all privileges 
and immunities of citizens in the several states. 

Clause 2. A person charged in any state with treason, felony, or 
other crime, who shall flee from justice and be found in another state, 
shall, on demand of the executive authority of the state from which he 
fled, be delivered up, to be removed to the state having jurisdiction of 
the crime. 

Clause 3. No person held to service or labor in one state, under the 
laws thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, but 
shall be delivered up on claim of the party to whom such service or 
labor may be due. 

Section III. New States and Territories. 

Clause I. New states may be admitted by the Congress into this 
Union, but no new state shall be formed or erected within the juris¬ 
diction of any other state ; nor any state be formed by the junction of 
two or more states, or parts of stales, without the consent of the 
Legislatures of the states concerned, as well as of the Congress. 

Clause 2. 'Fhe Congress shall have power to dispose of, and make 
all needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con¬ 
stitution shall be so construed as to prejudice any claims of the United 
States or of any particular state. 


214 


CIVIL GOVERNMENT. 


Section IV. Guarantee to the States. 

The United'States shall guarantee to every state in this Union a 
republican form of government, and shall protect each of them against 
invasion ; and, on application of the Legislature, or of the executive 
(when the Legislature can not be convened), against domestic violence. 

ARTICLE V. Power of Amendment. 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution, or, on the 
application of the Legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, 
shall be valid to all intents and purposes, as part of this Constitution, 
when ratified by the Legislatures of three-fourths of the several states, 
or by conventions in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress ; provided, that no 
amendment which may be made prior to the year one thousand eight 
hundred and eight shall in any manner affect the first and fourth 
clauses in the ninth section of the first Article ; and that no state, 
without its consent, shall be deprived of its equal suffrage in the 
Senate. 

ARTICLE VI. Public Debt, Supremacy of the Constitution, 
Oath of Office, Religious Test. 

Clause I. All debts contracted and engagements entered into before 
the adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 

Clause 2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, shall 
be the supreme law of the land ; and the judges in every state shall 
be bound thereby, any thing in the Constitution or laws of any state 
to the contrary notwithstanding. 

Clause 3. The senators and representatives before mentioned, and 
the members of the several state Legislatures, and all executive and 
judicial officers, both of the United States and of the several states, 
shall be bound by oath or affirmation to support this Constitution ; 
but no religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

ARTICLE VII. Ratification of the Constitution. 

The ratification of the Conventions of nine states shall be sufficient 
for the establishment of this Constitution betw-een the states so ratify¬ 
ing the same. 

Done in Convention, by the unanimous consent of the states present, 

the seventeenth day of September, in the year of our Lord one thou¬ 
sand seven hundred and eighty-seven, and of the Independence of the 


CONSTITUTION OF THE UNITED STATES. 215 


United States of America the twelfth. In witness whereof, we have 
hereunto subscribed our names. 

George Washington, President and Deputy from Virginia- 


New Hampshire. —John Lang- 
don, Nicholas Gilman. 

Massachusetts. —Nathaniel Gor¬ 
ham, Rufus King. 

Connecticut. —m. Samuel 
Johnson, Roger Sherman. 

New York. —Alexander Hamil¬ 
ton. 

New Jersey. —William Living¬ 
ston, William Patterson, David 
Brearley, Jonathan Dayton. 

Pennsylvania. —Benjamin 
Franklin, Robert Morris, Thomas 
Fitzsimons, James Wilson, Thomas 
Mifflin, George Clymer, Jared In- 
gersoll, Gouverneur Morris. 

A ttest. 


Delaware. —George Read,John 
Dickinson,Jacob Broom,Gunning 
Bedford, Jr., Richard Bassett. 

Maryland. —Janies M‘Henry, 
Daniel Carroll, Daniel of St. Tho. 
Jenifer. 

Virginia. —John Blair, James 
Madison, Jr. 

North Carolina. —William 
Blount, Hugh Williamson, Rich¬ 
ard Dobbs Spaight. 

South Carolina- —John Rut¬ 
ledge, Charles Cotesworth Pinck¬ 
ney, Pierce Butler. 

Georgia. —William Few, Abra¬ 
ham Baldwin. 

William Jackson, Secretary. 


. amendments to the constitution. 

Article I. Freedom of Religion, etc. 

Congress shall make no law respecting an establishment of religion, 
or prohibiting the free exercise thereof; or abridging the freedom of 
speech, or of the press ; or the right of the people peaceably to assem¬ 
ble, and to petition the government for a redress of grievances. 

Article II. Right to bear Arms. 

A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be in¬ 
fringed. 

Article III. Quartering Soldiers on Citizens. 

No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner ^ nor in time of war, but in a manner to be 
prescribed by law. 

Article IV. Search Warrants. 

The right of the people to be secure in their persons, houses, papers, 
and effects, against unreasonable searches and seizures, shall not be 
violated : and no warrants shall issue but upon probable cause, sup 





2 i6 


CIVIL GOVERNMENT, 


ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

Article V. TrialJor Crime, etc. 

No person shall be held to answer for a capital or otherwise infa* 
mous crime, unless on a presentment or indictment of a grand jury, ex¬ 
cept in cases arising in the land or naval forces, or in the militia when 
in actual ser\nce in time of war or public danger; nor shall any person 
be subject for the same offense to be twice put in jeopardy of life or 
limb; nor shall be compelled, in any criminal case, to be a witness 
against himself ; nor be deprived of life, liberty, or property, without 
due process of law ; nor shall private property be taken for public use 
'Without just compensation. 

Article VI. Rights of accused Persons. 

In all criminal prosecutions, ihe accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law, and to be informed of the nature 
and cause of the accusation ; to be confronted with the witnesses 
against him ; to have compulsory process for obtaining witnesses in his 
favor; and to have the assistance of counsel for his defense. 

Article VII. Suits at Common Law. 

In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved ; and no 
fact tried by a jury shall be otherwise re-examined in any court of the 
United States than according to the rules of the common law. 

Article VIII. Excessive Bail. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted. 

Article IX. 

The enumeration in the Constitution of certain rights shall not be 
construed to deny or disparage others retained by the people. 

Article X. 

The powers not delegated to the United States by the Constitution, 
nor prohibited by it to the states, are reserved to the states respectively 
or to the people. 

Article XL 

The judicial power of the United States shall not be construed to 
extend to any suit in law or equity commenced or prosecuted against 
one of the United States by citizens of another state, or by citizens oi 
subjects of any foreign state. y" 


CONSTITUTION OF THE UNITED STATES. 217 


Article XII. Mode of choosing the President and Vice-president. 

Clause I. The electors shall meet in their respective states, and 
vote by ballot for President and Vice-president, one of whom, at least, 
shall not be an inhabitant of the same state with themselves ; they 
shall name in their ballots the person voted for as President, and in 
distinct ballots the person voted for as Vice-president ; and they shall 
make distinct lists of all persons voted for as President, and of all per¬ 
sons voted for as Vice-president, and of the number of votes- for each, 
which list they shall sign and certify, and transmit, sealed, to the seat 
of the government of the United States, directed to the President of 
the Senate ; the President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted ; the person having the greatest num- 
-ber of votes for President shall be the President, if such number be 
a majority of the whole number of electors appointed ; and if no per¬ 
son have such majority, then from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as Presi¬ 
dent, the House of Representatives shall choose immediately by bal¬ 
lot the President. But in choosing the President, the: votes shall be 
taken by states, the representation from each state having one vote ; a 
quorum for this purpose shall consist of a member or members from 
two-thirds of the states, and a majority of all the states shall be neces¬ 
sary to a choice. And if the House of Representatives shall not 
choose a President, whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the Vice- 
president shall act as President, as in the case of the death or other 
constitutional disability of the President. 

Clause 2. The person having the greatest number of votes as Vice- 
president shall be the Vice-president, if such number be a majority of 
the whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list the Senate 
shall choose the Vice-president; a quorum for the purpose shall con¬ 
sist of two-thirds of the whole number of senators, and a majority of 
the whole number shall be necessary to a choice. 

Clause 3. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-president of the United 
States. 

Article XIH. 

Section r. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place subject to 
their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate legislation. 

Article XIV. 

Section i. All persons born or naturalized in the United States, 
and subject to the jurisdiction thereof, are citizens of the United 


2 i8 


CIVIL GOVERNMENT. 


vStates and of the state wherein they reside. No state shall make or 
enforce any law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any state deprive any person 
of life, liberty, or property, without due process of law, nor deny 
to any person within its jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole num¬ 
ber of persons in each state, excluding Indians not taxed. But when 
the right to vote at any election for the choice of electors for Presi¬ 
dent and Vice-president of the United States, representatives in Con¬ 
gress, the executive and judicial officers of a state, or the members of 
the Legislature thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in rebellion 
or other crime, the basis of representation therein shall be reduced in 
the proportion which the number of such male citizens shall bear to 
the whole number of male citizens twenty-one years of age in such 
state. 

Section 3. No person shall be a senator or representative in Con¬ 
gress, or elector of President and Vice-president, or hold any office, 
civil or military, under the United States, or under any state, who, 
having previously taken an oath, as a member of Congress, or as an 
Officer of the United States, or as a member of any State Legislature, 
or as an executive or judicial officer of any state, to support the Con¬ 
stitution of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two-thirds of each house, 
remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, shall 
not be questioned. But neither the United States nor any state shall 
assume or pay any debt or obligation incurred in aid of insurrection 
or rebellion against the United States, or any claim for the loss or 
emancipation of any slave ; but all such debts, obligations, and claims 
shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appro¬ 
priate legislation the provisions of this article. 

Article XV. 

Section i. The right of citizens of the United States to vote shall 
not be denied or abridged by the United States or by any state on 
account of race, color, or previous condition of servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 


INDEX. 


Absolute monarchy, 159. 

Academy, naval, 142. 

Accused, rights of, 74. 

Actions, 171. 

Adjutant general, 84,140. 
functions of, 89. 

Administrators, 54. 

Admiralty courts, 171. 

Agriculture, commissioner of, 84, 89. 

Alaska, 96. 

Aldermen, board of, 61. 

Aliens, 105. 

Alternate delegates, 194. 

Amendments, 199. 

Appropriation by State, 67. 

Area of counties, 49. 

Aristocracy, 159, 160. 

Arizona, 96. 

Assembly—general or legislative, 177. 

Assessor, authority of, 61. 
duties of, 67. 
of township, 43, 44. 

Attorney, 174. 

county, 49. 
duties of, 50. 
general, 88. 

Auditor, township, 45. 

Australian ballot-system, 176, 179, 184. 

Ballot, 176. 

blanket, 180, 181. 
box, 176, 177. 
forms of, 183. 
individual, 180. 
in Indiana, 183, 187. 
in Louisville, 183, 185. 
in Mass., 183, 186. 
official, 180, 182. 
secret, 179, 182. 
voting by, 176. 

Bank inspectors, 90. 
national, 138. 

Bargaining and trading, 183. 

Beat, the, 28, 30. 

Bill, 197, 19Q. 

of rights, 68, 72. 
of attainder, 197, 200, 
true, 173. 

Blind, voting of the, 182. 

Board of aldermen, 61. 
of education, 61. 


Board of pardons, 86. 

of public works, 61. 
of supervisors, 50. 

Boroughs, 57. 

Bribery, 177, 182. 

Buildings, county, 49. 

Bureau of construction and repair, 142. 
of equipment 141- 
of medicine and surgery, 142. 
of navigation, 141. 
of ordnance, 141. 
of supplies and accounts, 142. 
of steam engineering, 142. 
of yards and docks, 141. 

Bureaus of navy department, 141. 
of treasury department, 136. 
of war department, 140. 

By-laws, township, 42. 

Cabinet, presidential, 132, 149. 

Cadet, 141. 

Campaign, 194. 

Candidates, 176, 190. 

Canvass, 177. 

Cases, T71. 

Causes, civil, 171. 
criminal, 172. 

Census, 121. 

Challenge, 173. 

Chaplain, 123. 

Charges, 172. 

Chief of engraving and printing, 139. 
of bureau 01 statistics, 138. 
of fire department, 62, 
of ordnance, 145. 
of police, 62. 

Children, 22, 23. 

rights of, 22. 
duties of, 23. 

Circuit clerk, 54. 
court, 152. 

court of appeals, 152. 

Citizen, 67-69. 

duties of, 17. 

naturalization of, 102, 168. 
of civil district, 32, 33. 
duties of, 33. 
rights of, 32. 
of township, 38, 40. 
duties of, 39, 40. 
rights of, 38. 

(219) 





220 


INDEX. 


Citizen, rights of, 32, 60. 

Citizenship, 38. 

City council, 61. 
court, 6i. 
election, 61. 
engineer, 61. 
government, 60. 
incorporation, 58. 
institution, 59. 
judge, 62. 
officers, 61, 62. 
physician, 62. 
solicitor, 61. 
wards, 59. 

Civil district. 27, 36. 

government, 159. 

Civil law, 170. 

rights, 163, 165. 
unit, 28. 

unit, classes of, 30. 

Clerks, 57, 174, 176. 

hief of Senate, 81. 
circuit, 54. 
common pleas, 49. 
of county, 41, 49. 52, 53- 
of township, 43. 

Collection of taxes, 45. 

Collector of city, 61, 62. 
of county, 54. 
of township, 45. 
of village, 57, 58. 

Commander-in-chief, 130. 

Commerce, regulation of, 113. 

Commercial law, 171. 

Commissary general, 140. 

Commissioner, 135. 

of agriculture, 84. 
county, 50. 
court, 173. 

of general land office, 144. 
of Indian affairs, 145. 
of internal revenue, 138. 
of labor, 90. 
land, 84, 90. 
of patents, 145. 
of pensions, 144. 
railway, 84, 90. 
of internal revenue, 138. 
school, 49. 
of statistics, 90. 
street, 61, 62. 
township, 44, 49. 

Committee, 190. 

conference, 200. 
county, 191. 
district, 191. 
executive, 191. 
national, 192, 194. 
special, 198. 
standing, 198. 

Common law, 170. 

Communal district, 30. 

Commutation of sentence, 87. 

Comptroller, 87. 

in U. S. government, 137. 


Comptroller of currency, 138. 

Congress, acts Of, 65. 

forbidden powers, 117. 
member of, m, 112. 
power of, no, 117. 
representation in, 95. 

Congressional districts, 191. 

Constable, district, 33. 
duties of, 35. 
election and term, 35. 
township, 43, 45. 

Consuls, 135. 

Constitution, 205-218. 

amendments to, 107, 215. 
formation of, 106. 
nature of, 105. 

Constitution of European countries, 7a 
of State, 69. 
necessity for, 106. 
ratification of, 99. 
value of, 71. 

Conventions, 192, *94. 

Copyright, 114, 145. 

Coroner, 49. 

duties of, 53. 
inquest, S4. 
in township, 46. 

Corporation, 166. 
municipal, 56. 

Corruption, 177. 

Council, city, 61, 62. 
common, 61. 

Councilman, 42, 57. 

Counterfeiting, 114. 

County, the, 48-55. 
area, 49. 
attorney, 51. 
auditor, 52. 
buildings, 49. 
clerk, 52. 
convention, 193. 
court-house, 49. 
executive department, 51. 
formation, 48. 
government, 49. 
infirmary, 50. 
jail, 49. 
judge, 54, 55. 

legislative department, 50. 

officers, 49. 

power, 48. 

property, 50. 

public affairs, 49. 

purposes, 48. 

sheriff, 51. 

superintendent of schools, 44 
surveyor, 53. 

Court-house, 49J 50. 

Court, jurisdiction of, 151. 
of claims, 153. 
officers of, 155, 173, 174. 
supreme, 151. 

United States, 149. 
of ^peals, U. S. circuit, 152. 

U. S. district, 153. 





INDEX. 


221 


Court-martial, 171. 

Declaration of Independence, 65. 

Deeds, 49, 53. 

Defendant, 172. 

Democracy, 159, 161. 

Department of agriculture, 147. 
of commerce and labor, 147. 
executive, of county, 51. 
of State, 84. 
of territory, 94. 
fire, 59. 

government, 72. 
interior, 144-146. 
judicial, 49, 92, 149, 196. 
of justice, 146, 147. 
legislative, of county, 80. 
of State, 77. 
of territory, 94. 
navy, 141, 142. 
ost office, 142-144. 
tate, 133. 
township, 40, 41. 
treasury, 136-139. 
war, 139-141. 

Despotism, 175. 

Diplomatic service, 134. 

Direct taxes, 202, 203. 

Director infirmary, 54. 
of mint, 139. 
school, 43, 44. 

Disfranchisement, 177. 

Disorder, 179. 

District-attorney, 155. 

District, civil, 27. 
clerk, 54. 
communal, 30. 
election, 29. 
magisterial, 29. 
marshal, 155. 
militia, 29. 
reporter, 155. 
school, 21, 28. 

Duties, 204. 

citizen’s, 33. 
civil, 163. 
industrial, 165. 
moral, 166. 
of children, 22. 
of family, 19. 
of parents, 23. 
political, 167. 

Education, board of, 6i. 
of child, 27. 

Election act, 179. 
district, 29. 
judges of, 42. 
of county officers, 50. 
of justices, 93. 
precinct, 29, 30. 
presidential, 126, 127. 
returns, 87. 

Electoral college, 127. 
vote, 128. 


Electors, choice of, 115. 

Electric light, 59. 

Enabling act, 65. 

Engineer, city, 61. 
chief, 140. 
county, 53. 
ordnance, 140. 

State, 90. 

Enrolled bills, 200. 

Envoys extraordinary, 134. 

Examiner of state, 90. 

Examining trial, 34. 

Exercise, 204. 

Executive department of county, 49. 
of State, 84. 
of territory, 94. 
of United States, 125-148. 
function of civil district, 31. 

Expenditure in county, 52. 

Family, 17-20. 

definition of, 18. 
duties of members of, 19. 
officers, 19. 
members of, t8. 
powers of officers, 19. 
purposes of, 18. 
responsibilities, 19. 
rights of members, 19. 

Fence-viewers, 45. 

Field-driver, 45. 

Finance, 60. 

Fire department, chief of, 6a. 

Freedom of assembly, 73. 
of conscience, 73. 
of press, 73. 
of speech, 73. 

Gas-works, 59. 

General assembly, 77. 

General, adjutant, 84, 140. 
attorney, 88. 
commissary, 140. 
inspector, 140. 
quartermaster, 140. 
surgeon, 140. 
surveyor, 140. 

Government, 157-162. 
departments, 77. 
duties toward, 69. 
economy of, 61. 
functions, 58, 59. 
national, 98, 99. 
origin of, 157, 158. 
purposes of, 100. 
school, 23-26. 

State, 77. 

Territory, 96. 
varieties, 17, 159. 

Governor of State, 85. 
of Territory, 94. 
powers and duties, 85, 86. 

Grand jurors, 172, 177. 

Guardians, appointment of, 54. 



222 


INDEX. 


Habeas corpus, 117. 

Hereditary monarchy, 160. 

House of congress, no. 
of delegates, 78. 
of representatives, 81, 121, 122. 

Hundred, the, 28, 30. 

Immigration commission, 90. 

Impeachment, 82. 

Inauguration, presidential, 128. 

Income tax, 203. 

Indiana ballot, 184, 187. 

Indian Territory, 96. 

Indictment, 172, 173. 

Individual ballot, 184. 

Industrial rights, 165. 

Inquest, coroner’s, 54. 

Inspector-general, 140. 
of bank, 90. 

Instruction, public superintendent of, 
89. 

Insurance commissioners, 84, 89. 

Interior department, 144. 

Internal revenue, 204. 

International law, 170. 

Intimidation, 179. 

Jail, county, 49. 

Jailer, 54. 

Journal of house, 78. 

Judge, 171-173, 176. 

advocate-general, 140. 
appointment of, 93. 
county, 49, 50. 
district, 94. 
probate, 49,55. 
supreme court, 92. 
surrogate, 49. 

Judicial department of State, 191. 
of U. S., 149. 
district, 191. 

Judiciary, functions of, 92. 

Jurisdiction of courts, 149. 
of supreme court, 151. 

Jurors, 173. 

in township, 42. 

Jury, 122, 123. 

Justice, 163-168. 

of county, 50. 
of peace, 33, 34. 
precinct, 30. 
of township, 45, 46. 

Labor commissioners, go. 

Land commissioners, 84-90 

Law and liberty, 169-174. 

Law, enactment of, 79, 197. 
execution of, 84. 
ex post facto, 118. 
forbidden, 74. 
indexing, 87. 
in township, 42. 
making, 77. 
of nations, 170. 
of Territory, 95. 


Legislation, 197-200. 
in county, 54. 

Legislative department of county,49,50. 
ower of presiding, 131. 
tate, 77. 

Territory, 94. 

Legislative department of township, 41. 
of county, 50. 
of school, 24. 
of State, 77. 
of U. S., no. 

Legislature, 77. 

Letters of marque, 114. 

Liberty, 169. 

Librarian, State, 90. 

Territory, 94. 

Licenses, 53, 54. 

Lieutenant-governor, 78, 84, 87. 
Louisville ballot, 183, 185. 

Magisterial district, 29. 

Marshal of village, 52. 

Martial law, 171. 

Massachusetts ballot, 183, 186. 

Mayor, 57, 61. 

Members of congress, in. 
of family, 19. 
of school district, 22. 

Ministers, 134, 135. 

Ministerial officers, 35, 45, 174. 

Militia, 115. 

district, 29, 30. 

Military academy, 145. 

government, 159. 

Mint, 138. 

Monarchy, 159. 

Money, coining of, 114. 

Moral law, 170. 

rights and duties, r66, 167. 
Mortgages, 49, 53. 

Municipal corporations, 56, 63. 

National committees, 191. 

convention, 191, 193, 194. 

f government, 98, 99. 
egislation, 189. 

Naturalization, 102. 

Naval academy, 142. 

New Jersey ballot, 184. 

New Mexico, 96. 

Nominations, 194, 195. 

Officers, appointment of, 84. 
city, 61. 

civil district, 33. 

election, 54. 

election of, 176. 

house of representatives, 81. 

interior, 123. 

ministerial, 35. 

of family, 19, 20. 

powers of, 19. 

post-office, 143, 144. 

school, 24. 

of senate, 81. 



INDEX. 


223 


Officers of Territory, 94. 
township, 41. 
treasury, 136. 

of United States Court, 155, 156. 
Official ballots, 184. 

Oklahoma, 96. 

Oligarchy, ifo. 

Oral instruction, 57. 

Ordinances, 42. 

Organization act, 94. 

Overseers, 54. 

Papers, 49. 

Pardons, 131. , 

Parents, rights and duties of, 23 
Parish, 48. 

Parliamentary law, 171. 

Parties, 189-196. 

Party committees, 190, 191. 
conventions, 190, 191. 
machinery, 189, 191. 

Passports, 133. 

Patents, 144, 145. 

Patriarchy, 160. 

Patronage of president, 132. 
Paymaster, 140. 

Penalties, 177. 

Pensions, 144. 

Personal property, 203. 

Petit jury, 172. 

Piracy, 114. 

Plaintiff, 172. 

Plantations, 30. 

Platforms^ 126, 194. 

Police, chief, 62. 
court, 61. 

Political conventions, 192. 

parties, 189. 

Polling list, 176. 

place, 1^76, 177, 180. 
in district, 31. 

Poll-tax, 39, 44, 203. 

Poor, support of, 54. 

Postmaster, 123. 

Post office, 114. 

bureau, 143. 
department, 142. 

Popular vote, 128. 

Porto Rico, 97. 

Poundkeeper, 45. 

Powers of State, 79. 

Precinct election, 29, 30. 
justice’s, 30. 

President, 125, 129, 130, 190, 193. 
cabinet of, 132. 
powers of, 108. 

Presidential election, 189. 

Press, freedom of, 72. 

Primary elections, 95. 

Privateers, 115. 

Private property, 72. 

Private tax, 203. 

Privilege of State, 78. 

Probate judge, 54, 55. 

Proceedings, legal, 174. 

Property tax, 203. 


ualifications of State, 78. 
uartermaster-general, 140. 

Railway commissioners, 90. 

Real property tax, 203. 
estate tax, 203. 

Recorder, 58. 

county, 53. 

Register, county, 53. 

of land office, 84, 90. 

Representative democracy, i6i 
districts, 19i. 
duties, 78. 
house of, 81, 

Reprieves, 86, 131. 

Reprisal, 114. 

Republic, 161, 163. 

Republican principles, 72. 

Residence, official, of president, 128 

Revenue and taxation, 201, 204. 
collection of, 52, 88, 136. 

Rights, 163, 171. 
natural, 27. 
of accused, 74. 
of eminent domain, 166. 
of private property, 164. 
political, 175. 

School, 21, 26. 

appointment of officers, 24. 
children, 22, 23. 
definition and purpose of, 21 
directors, 43, 44, 51. 
district, 28. 
formation of, 21. 
functions of, 22. 
government, 23, 27. 
members, 22. 
position of, 28. 
power of teacher of, 25. 
rights of, 22. 
teacher, 25. 

Secret ballot, 179. 

Secretary of state, 87. 
of territory, 94. 
of treasury, 136. 

Security, personal, 72. 

Selectmen, 42. 

Senate, 81, 119. 

Senatorj no. 

Senatorial districts, iqx. 

Sessions of congress, 131. 

Sheriff, 49, 174, 177. 

Shire town, 49. 

Society, 158,165, 166. 

Social rights, 165, 166. 

Solicitor, 158, 166, 167. 
city, 61. 
general, 146. 
of treasury, 139. 

Speaker, 81, 82. 

Speech, freedom of, 157. 

State, 64-97. 

administration of, 116 
engineer, 7a 



224 


INDEX. 


Slate examiner, 90. 
librarian, 90. 
officers, 84. 
secretary of, 87, 
subdivisions of, 48. 
teachers’ institute, 89. 

Statistics, commissioner of, 90. 

Statute law, 170. 

Suffrage and elections, 175-178. 
rights of, 39. 

Suits, 171, 174. 
civil, 54. 

Supe-rintendent of banking, 90. 
of coast survey, 1^8. 

Superintendent of elections, 51. 
of poor, 54. 

of public instruction, 89. 

Supervisor, 43, 44. 

Supreme court, 92, 150. 

Surveyor, 53. 

general, 90. 
county, 49, 53. 

Tariff, 204. 

Taxation, 79, 201, 202. 

Taxes, 52, 53, 202, 203. 

collection of, 35, 43, 45. 
income, 203. 
indirect, 202. 

Teachers, 25, 26. 
duties of, 25. 
powers of, 25, 26. 

Territory, 65, 94, 95, 96. 

Theocracy, 160. 

Tipstaff, 174. 

Town (see Township), 29,30, 37-47. 
meetings, 41. 

Township, or town, 37-47. 
assessor, 43, 44. 
citizens of, 38. 
clerk, 43. 
collector, 45. 
commissioner, 44. 
constable, 43, 45. 
councilmen, 42. 
governmental functions of, 37. 


Township, purposes, 38# 
selectmen, 42. 
supervisor, 43, 44. 
treasurer, 43. 

Treason, 86. 

Treasurer, city, 6r. 

Treasurer, county, 52. 
township, 43. 
village, 57, 58. 

Treasury department, 136-139. 

Treaties, 120,131. 

Trials, 171, 172. 

by jury, 173. 

Trustees, 57. 

of township, 42. 
duties of, 42. 

Unit, the civil, 28-31. 

United States, 98-156. 
circuit courts, 152. 
circuit court of appeais, 152. 
district court, 153. 
formation of, 99. 
jurisdiction of courts, 149. 
supreme court, 150. 


Veto, 86. 

Vice-president, 125, 190, 193. 194. 
Village, 56, 57. 

Voters, 29, 32, 33, 39, 60, 67, 68, 175, 182. 
Voting, 175, 176, 181, 183. 


War, declaration of, 114. 
Ward convention, 195. 
Warrants, 34, 45. 

Water works, 59, 60. 
Wills, 49, 53, 54. 

Works, electric, 59. 
gas, 59. 

public, 57, 59, 60. 
water, 57. 

Writs, serving of, 35. 



1J8«ARY Of CONGRESS 


Twn Conies Received 


A’jG 14 1906 



Coq^ijiiit Entry 




ILASs/r^ XKc. No. 


/S0:3. 00 

OODV 


COPY n. 


SUPPLEMENT, 


HISTORY AND GOVERNMENT OF WEST 
VIRGINIA. 

Rewritten by George S. Laidley. 

Formation of the State. — How West Virginia 
became a State is interesting to every student of 
American history and politics. It is particularly so 
to West Virginians, many of whose ancestors shared 
the trials and knew the experiences of citizens of 
Virginia whose homes were west of the mountains. 

What is now West Virginia was included in the 
territory granted to the Virginia Company in 1609. 
From that part of Virginia between the Alleghany 
Mountains and the Mississippi River there have been 
formed in addition to West Virginia the States 
of Kentucky, Ohio, Indiana, Illinois, Michigan, and 
Wisconsin, the last five being formed from territory 
ceded to the United States government in 1784. 
West Virginia, however, did not become a separate 
State until June 20, 1863. 

The first white man to find a home in what is now 
West Virginia was Morgan Morgan, who built his 
cabin in Berkeley County in 1726-27. In the fol- 

West Virginia Supplement — Peterman’s Civil Government. 

Copyright, 1906, by American Book Company. 

Pet. C. Go. —15 225 








226 


SUPPLEMENT 


lowing year the town of New Mecklenburg, now 
known as Shepherdstown, was established by Ger¬ 
mans from Pennsylvania. Other settlements were 
made in the eighteenth century, and at the outbreak 
of the Revolution many hardy pioneers from Vir¬ 
ginia, Pennsylvania, and neighboring States had es¬ 
tablished homes beyond the mountains. Though the 
land now comprised in the State of West Virginia 
was, until 1863, a part of the Commonwealth of Vir¬ 
ginia, the interests and character of the people east 
and west of the mountains were entirely different. 

The slaveholding population lived principally in the 
eastern portion, while the inhabitants of the western 
section, as a class, did not find slavery profitable. As 
there was no tax on slaves, with the exception of a 
head tax upon adult males, the residents of the western 
section paid more taxes into the State treasury in pro¬ 
portion to the value of their property than did those 
of the eastern portion. But as the bulk of property 
in the eastern section was much the greater, that part 
of the State had a much larger number of representa¬ 
tives in the General Assembly ; for the representation 
was apportioned according to taxes paid. Only those 
who owned some real estate were allowed to vote. 

Under these conditions the people east of the 
mountains gained the upper hand in the legislature, 
and appropriated the State’s money chiefly for the 
benefit of the eastern section. With one exception, 
all the public buildings of Virginia were east of the 
Blue Ridge, and for nearly seventy-five years Virginia 
had but one governor and one United States senator 


THE STATE OF WEST V/RGINIA 


227 


from the western counties. Immense sums were spent 
annually in public improvements on the eastern coun¬ 
ties, while the western section had to be content with 
an occasional small appropriation. 

An effort was indeed made between 1815 and 1829 
to correct the injustice of the Virginia constitution, but 
without success. Had the demands of the western 
counties been met that time, it is reasonable to suppose 
that the separation would never have taken place. 

The hardy mountaineers who had come from neigh¬ 
boring States to make their homes in -the wilderness 
of West Virginia longed for independence, and had 
cherished a hope of separation from Virginia for more 
than a generation before it was realized. 

In 1860-61 it was with a feeling of bitterness and a 
sense of injustice that the people of the western coun¬ 
ties faced the question of remaining with the Union 
or casting their lot with Virginia and secession. 
This occasion seemed a fitting one for separation from 
the old State. Accordingly the western people took a 
firm stand for the Union. 

Governor John Letcher of Virginia called an extra 
session of the legislature to meet Jan. 7, 1861, osten¬ 
sibly to ratify a contract made by the State in the sale 
of some property, but really to act upon the question 
of seceding from the Union. The legislature passed 
a bill calling for a convention of the people of the 
State to meet on Feb. 13, 1861. 

Although the western counties were strongly op¬ 
posed to the convention, they sent delegates to it, who 
were, however, hopelessly in the minority. When the 


228 


SUPPLEMENT 


Ordinance of Secession was passed by the convention, 
only nine of the forty-six delegates from the western 
counties voted for it; and when later the people of 
the State voted on the action of the convention, out 
of forty thousand votes cast west of the mountains 
only four thousand were in favor of secession. 

After the Ordinance of Secession was passed by the 
convention, and before it was ratified by the people, 
there was a strong sentiment among the western peo¬ 
ple in favor of forming a new State. A convention 
was held in Wheeling to decide upon apian of action. 
As the people of Virginia had not yet voted upon the 
Ordinance of Secession, no definite action was taken 
at this first convention beyond the calling of a second 
convention to meet at Wheeling on June 11 following. 

By the time this second convention met, Virginia 
had ratified the Ordinance of Secession. Resolutions 
were submitted to the convention condemning the 
acticwi of the convention which passed the secession 
ordinance, and declaring that obedience to it was 
treason to the United States. The declaration ended 
with these ringing words : — 

“ We, therefore, the delegates here assembled in 
convention to devise such measures and take such 
action as the safety and welfare of the loyal citizens 
of Virginia may demand, have maturely considered 
the premises, and viewing with great concern the de¬ 
plorable condition to which this once happy common¬ 
wealth must be reduced unless some regular adequate 
measure is speedily adopted, and appealing to the Su¬ 
preme Ruler of the Universe for the rectitude of our 


THE STATE OF WEST VIRGINIA 


229 


intentions, do hereby, in the name and on the behalf of 
the good people of Virginia, solemnly declare that the 
preservation of their dearest rights and liberties and 
their security in person and property imperatively 
demand the reorganization of the government of the 
commonwealth, and that all acts of said convention 
and executive tending to separation of this common¬ 
wealth from the United States or to levy or carry on 
war against them are without authority and void; 
and the offices of all who adhere to said convention 
and executive, whether legislative, executive, or judi¬ 
cial, are vacated.” 

According to this declaration the government of 
Virginia was declared to be without authority because 
that State had left the Union. The convention ac¬ 
cordingly began at once to provide for a reorganized 
State government. An ordinance was passed pro¬ 
viding for a governor, lieutenant governor, attorney- 
general, and an advisory council to be appointed by 
the convention. The new legislature was to be com¬ 
posed of the delegates and senators elected from the 
western counties of Virginia to the General Assembly 
(the legislature of Virginia) a month before. Every 
officer, whether State, county, or city, military or judi¬ 
cial, of high position or in subordinate place, was to 
be required to take the following oath, and if he re¬ 
fused to take it his office was to be considered vacant, 
and the vacancy filled by appointment or election : 
“ I do solemnly swear (or affirm) that I will support 
the Constitution of the United States and the laws 
made in pursuance thereof as the supreme law of the 


230 


SUPPLEMENT 


land, anything in the constitution or laws of Virginia 
or in the ordinances of the convention which assem¬ 
bled at Richmond on the thirteenth of February, 
eighteen hundred and sixty-one, to the contrary not¬ 
withstanding ; and that I will uphold and defend the 
government of Virginia as vindicated and restored by 
the convention which assembled at Wheeling on the 
eleventh day of June, eighteen hundred and sixty- 
one.” Thus farther and farther did the western sec¬ 
tion separate from the eastern. 

The restored government, as it was called, was 
further organized, and Francis H. Pierpont was 
elected governor of Virginia. Other officers were 
selected, and the convention then adjourned to meet 
the first Tuesday in August. 

The reorganized General Assembly met early in 
July. Governor Pierpont reported that the President 
of the United States had been informed of the action 
of the western counties of Virginia in restoring the 
loyal government of the State, and that the support 
of the national government had been promised. The 
United States senators elected by the reorganized 
General Assembly, and the three congressmen elected 
from the western counties of the State, went to Wash¬ 
ington, and were recognized as the representatives in 
Congress from Virginia. The restored government 
was thus entirely in the hands of the western people, 
but it did not satisfy their desire for a separate State, 
for they felt that at the close of the war the eastern 
part of the State would again assert itself. 

The restored government secured its first money 


THE STATE OF WEST VIRGINIA 


231 


to meet expenses by the note of Governor Pierpont, 
indorsed by Peter G. Van Winkle of his private 
council; the money sent by the government at Rich¬ 
mond to pay for the asylum at Weston was captured; 
and the restored government obtained from Wash¬ 
ington Virginia’s share of the money due from the 
United States from the sale of public lands. 

Formation of a Separate State.—When the con¬ 
vention reassembled at Wheeling in August, 1861, 
steps were at once taken toward the forming of a 
new State. A vote of the people was ordered, and 
out of a total of nineteen thousand only about seven 
hundred votes were cast against the formation of a 
new State. On Nov. 26, 1861, delegates selected 
to frame a constitution met in Wheeling and voted 
on the five names “West Virginia,” “ Kanawha,” 
“Western Virginia,” “Allegheny,” and “ Augusta.” 
The first name was selected. A constitution was 
framed and submitted to the people, who ratified it 
by a large majority. 

The Constitution of the United States provides that 
no new State shall be formed out of one already exist¬ 
ing without the consent of the original State. As the 
old State of Virginia would never have consented to 
the separation of the western portion, and as the 
United States government had already recognized the 
administration at Wheeling as the restored government 
of Virginia, the consent of the Wheeling government 
was obtained for the formation of the new State of 
West Virginia. In this way the letter of the Consti¬ 
tution was complied with. 


232 


SUPPLEMENT 


Having adopted a constitution and secured the 
“ consent of Virginia ” for the formation of the 
new State, the people now sent a committee of 
prominent citizens to Washington to secure the in¬ 
troduction of a bill into Congress admitting West 
Virginia as a separate State. When the matter was 
taken up in the Senate, one of the senators sent to 
represent the reorganized government of Virginia 
unexpectedly opposed the bill. This opposition 
was finally overcome through the influence of warm 
friends of the movement from other States. Near 
the close of the year 1862 Congress passed the bill 
admitting West Virginia as a new State, and on 
Dec. 31, 1862, President Lincoln signed it. The 
bill provided that the act should go into effect sixty 
days after the President issued his proclamation, 
and that the proclamation should be issued as 
soon as the people of the new State agreed to a 
certain clause by which slavery should gradually 
be abolished. This clause was added to the Con¬ 
stitution, and West Virginia became a State on June 
20, 1863. Arthur I. Boreman was elected first 

governor. 

The restored government from that time until the 
close of the Civil War was administered from Alex¬ 
andria, and was confined in its territory to only four 
counties, and those east of the mountains. At the 
close of the war this reorganized government was 
recognized as the government of the entire State of 
Virginia. Governor Pierpont remained in office until 
1868, when he returned to his home in Fairmont, 


THE STATE OF WEST VIRGINIA 


233 

West Virginia, where he died during the summer of 
1899. 

Students will understand that Governor Pierpont 
was never governor of West Virginia, but the governor 
of Virginia, under the reorganized government. 

When West Virginia became a State it had forty- 
eight counties; but Jefferson and Berkeley were added 
just after the admission of the State, and several new 
counties have since been formed from parts of old 
ones. The State now contains fifty-five counties. 


THE GOVERNMENT OF WEST VIRGINIA. 

The laws and government of a State are based on 
its constitution, which is the expression of the people’s 
will and is made by the people. 

West Virginia has had two constitutions : the first, 
adopted in 1862, and the second and present consti¬ 
tution adopted in 1872. Since that time a number 
of amendments have been added as the need for them 
has been felt. 

Relation of the State to the United States-The 

State of West Virginia is one of the United States of 
America, and the laws and Constitution of the United 
States are the supreme law of the State. All matters 
which affect the State alone, however, are provided 
for by the State government. For example, it is the 
duty of the State government to preserve order within 
its limits, and to make laws securing property and 
protection to all citizens of the State. 


234 


SUPPLEMENT 


The Constitution of the United States and of West 
Virginia must be obeyed in time of war as well as in 
periods of peace. 

The State is divided into districts for the election 
of representatives to Congress. There are as many 
congressional districts as there are representatives, 
and each district must be composed of contiguous 
counties. 

The State. — The territory of the State consists of 
the fifty-five counties before mentioned, including the 
bed, bank, and shores of the Ohio River, and so much 
of the Big Sandy River as formerly belonged to Vir¬ 
ginia, together with all the rights and authority over 
these rivers that Virginia formerly possessed. 

A citizen of West Virginia is any citizen of the 
United States residing in the State. Foreigners liv¬ 
ing in the State shall have the same rights to property 
as are granted to citizens. 

Treason against the State shall consist in making 
war against it, or in giving help to its enemies. 

“The State of West Virginia” shall be the official 
title of the State, and the motto is “ Montani Semper 
Liberi,” which means “ Mountaineers are always free.” 
The secretary of State keeps the great seal and affixes 
it to public documents. 

“ The exercise of the power and right of eminent 
domain shall never be so construed or abridged as to 
prevent the taking by the legislature of the property 
and franchises of incorporated companies already or¬ 
ganized, and subjecting them to the public uses the 
same as of individuals.” 


THE STATE OF WEST VIRGINIA 


235 


Legislative Department. — The two branches of 
the legislature are called the Senate and the House 
of Delegates. There are at present thirty members 
of the Senate and eighty-six members of the House. 
The membership may be increased only after the 
taking of each census. State senators are elected 
for terms of four years, members of the House for 
two years. 

No one may be a member of either branch of the 
legislature who has not been a resident of the district 
or county from which he is elected for the year pre¬ 
vious to his election (removal from such district or 
county during a term of office vacates the office); 
who holds an office under the State, United States, or 
foreign government; who is a member of Congress ; 
who is a salaried officer of any railroad company; 
who is a sheriff, constable, or clerk of any court of 
record; or who has been convicted of any infamous 
crime. No one intrusted with public funds, who has 
not paid them over, can be a member of the legislature. 

The eighty-six delegates are apportioned among 
the counties according to population. Each county 
has at least one delegate. Kanawha, which is the 
most populous county, has five. 

The State is divided into fifteen senatorial districts. 
Each district is made up of several contiguous coun¬ 
ties, and elects two senators. One senator is elected 
from each district every two years. In this way only 
half of the Senate is new at each session. 

The legislature meets biennially at Charleston on 
the second Wednesday of January each odd year. 


236 


SUPPLEMENT 


Extra sessions may be called by the governor, and 
must be called by him upon the request of three fifths 
of the members elected to each house. If necessary, 
the governor may convene the legislature elsewhere 
than at Charleston, or the legislature may adjourn to 
another place. A session of the legislature cannot 
exceed forty-five days unless two thirds of each house 
agree thereto; nor can either house adjourn for more 
than three days without the consent of the other. A 
majority of each branch of the legislature is a quorum 
thereof. A smaller number may adjourn from day to 
day, and may compel the attendance of absent mem¬ 
bers. Each house has power to punish or expel 
disorderly members; also to protect itself against 
annoyance and interference from outsiders, by im¬ 
prisoning them until the close of the session. 

Bills or resolutions may originate in either house. 
They must be fully and distinctly read on three dif¬ 
ferent days unless four fifths of the members present 
decide otherwise. Each act must embrace but one 
object, and unless two thirds of each house vote other¬ 
wise, does not take effect until ninety days after its 
passage. 

Members of the legislature receive four dollars a day 
and ten cents a mile for each mile traveled coming from 
their homes and returning to the same by the most 
direct route. No other allowance for any purpose is 
made. 

Lotteries cannot be authorized by the legislature, 
and the legislature is required to pass laws prohibiting 
the sale of lottery tickets. 



(237) CAPITOL BUILDING, CHARLESTON, WEST VIRGINIA 
























































































































































































238 


SUPPLEMENT 


No law can be passed extending the term of office 
of any one elected to an office, and no extra compen¬ 
sation can be allowed any officer or contractor after 
the services have been rendered, nor can the salary of 
any public officer be increased or diminished during 
his term of office. 

The legislature is prohibited from making special 
legislation, and in no case can a special act be passed 
where a general law would be proper. Cities and 
towns, however, of more than two thousand inhab¬ 
itants, may have their charters amended by special 
acts. 

The legislature is required to pass laws prohibiting 
and punishing bribery of members of the legislature, 
and compelling persons bribing or receiving bribes to 
testify against any person charged with the offense. 

The legislature shall enact proper laws for the reg¬ 
istration of all qualified voters of the State. 

The property of married women is to be protected 
by acts of the legislature from the debts and control 
of their husbands. 

The foregoing are constitutional provisions concern¬ 
ing the legislative department. 

At the beginning of a new session of the legislature 
each house proceeds to organization. The oldest 
member present in point of service calls the House 
to order. Then the officers and committees of each 
house are chosen. The chief officers are the presi¬ 
dent of the Senate, the speaker of the House of 
Delegates, a clerk of each House, a sergeant-at-arms; 
and a doorkeeper. 



(239) CAPITOL ANNEX, CHARLESTON, WEST VIRGINIA 











































































































































240 


SUPPLEMENT 


The salaries of these officers are follows : president of the Senate 
and speaker of the House each $6.00 a day and 10 cents a mile 
mileage; clerks of each house, $10.00 a day; sergeant-at-arms, 
$5.00 a day; doorkeeper, $4.00 a day. 

Committees. — Each member of the legislature is 
placed upon one or more committees. The most im¬ 
portant committees are: Privileges and Elections, 
Judicial Matters, Finance, Education, Banks and Cor¬ 
porations, Public Buildings and Humane Institutions, 
Railroads, Mines and Mining, Labor, Public Printing, 
Appropriations. When a bill is read before either 
house it is referred to its appropriate committee. 
The committee, which is, of course, a much smaller 
body than the House, takes up the bills referred to it, 
studies them, and changes them, if necessary. If the 
committee desires to report a bill back to the House, 
it is then brought to the attention of the House as a 
body. If a bill is not reported back to the House by 
the committee, it has no further consideration. This 
is called “ killing a bill in committee.” 

Passage of a Bill. — Bills are prepared by mem¬ 
bers of the legislature or by other persons especially 
interested in their passage. Let us take, for example, 
a bill providing for lengthening of the school term. 
The bill is prepared by some one interested in school 
work, and is then handed to a member of the Senate 
or the House who is known to be in sympathy with 
its provisions. This member rises in his seat, and if 
the presiding officer recognizes him, he names the 
title of his bill. He then sends it to the clerk, who 
reads the title, and under the direction of the presid- 


THE STATE OF WEST VIRGINIA 


241 


ing officer refers it to the committee on Education. 
In due course of time the committee considers the 
bill. Its friends will appear before the committee 
and present arguments for its passage. The com¬ 
mittee may change the bill in any manner it desires. 
If, in the opinion of the committee, the bill should 
pass, it is reported back to the House with the recom¬ 
mendation that it pass. It is then read in full by the 
clerk on three separate days, unless this rule is sus¬ 
pended, as explained above. After the second read¬ 
ing the bill may be amended by members of the 
House. When it has been read the third time, it is 
voted on. The roll is called, and each member 
answers to his name as called, yea or nay. If a 
majority of members present vote for the bill, it is 
passed by that house, and is then carried to the other 
house. There the fact of its passage is announced. 
In the second house it goes through the same process 
it underwent in the first. If passed by both houses, 
it is signed by the president of the Senate and the 
speaker of the House of Delegates, and is then sent 
to the governor for his action. If he approves the 
bill, he signs it, and it thereupon becomes a law. If 
he disapproves it, he returns it with his objections to 
the house in which it originated. The bill is again 
taken up and reconsidered. If a majority of the 
members elected to each house again vote in favor 
of it, the bill becomes a law without the governor’s 
signature. If the governor does not return the bill 
within five days from the time received, it becomes a 
law whether signed by him or not. 

Pet. C. Go. —16 


242 


SUPPLEMENT 


Election of a United States Senator.—When a 
United States senator is to be elected, the voting be¬ 
gins on the second Tuesday after the meeting of the 
legislature. Each house votes separately for some 
one to fill the office, and the result of the vote is en¬ 
tered upon the journal. On the next day at noon 
both houses meet in the hall of the House of Dele¬ 
gates. There the vote of the previous day is an¬ 
nounced. If the same person has received a majority 
of the votes in both houses, he is declared elected. If 
no election is made, a joint vote of the two houses 
is taken on each day thereafter until some one is 
elected, or until the legislature adjourns. 

Journal. — The clerk of each house is required to 
keep an accurate account of all the proceedings of 
that house. 

After the first reading of a bill printed copies of it 
are given to each member of the house, so that its 
provisions may be clearly set forth. 

Executive Department. — For the executive de¬ 
partment the constitution provides for a governor^ as 
the chief executive officer, and for an auditor, treas¬ 
urer, secretary of State, State supermtendent of schools 
(p. 262), and attorney -general, all elected for a term 
of four years. All these officers, except the attorney- 
general, must live at the capital. 

The governor receives a salary of $5000 a year. 
He cannot succeed himself, but may be elected after 
the expiration of four years. He has the usual 
powers mentioned on pages 85-87, — that is, he is 
commander-in-chief of the State militia, and may call 


THE STATE OF WEST VIRGINIA 


243 


these troops out to preserve order; he represents the 
State in all official matters, commissions officers, grants 
pardons or reprieves, and has an important appoint¬ 
ing power. All bills must be submitted to him for 
his approval before they become laws. He issues 
certificates of election to United States senators, 
congressmen, presidential electors, and various judges. 

The legislature has from time to time given to the 
governor the power of appointing a large number of 
officers. The most important are the tax commis¬ 
sioner, State librarian, adjutant general, commissioner 
of banking, commissioner of labor, mine inspectors, 
fish and game warden. State historian and archivist, 
officers of the State militia, and boards for all State 
institutions. He also has power to appoint and com¬ 
mission as many notaries public as he may deem 
necessary. 

In his rnessage to the legislature he reports the 
progress of the State, and recommends whatever 
legislation he thinks would be for the welfare of the 
State. 

The auditor is really the business manager of the 
State. He'^eeps the State’s books, settles with the 
sheriffs of each county, gives orders upon the treas-. 
urer for moneys to be paid out of the State’s treasury, 
examines into the insurance companies doing business 
in the State, and authorizes them to operate, issues 
certificates to telegraph and telephone companies, 
giving them the right to transact business in the 
State. Inquiries concerning the taxation of property 
which cannot be answered by the sheriff or clerk of 


244 


SUPPLEMENT 


the county court of any county are referred to the 
auditor. The clerks of the county courts file in the 
auditor’s office statements of the business done by 
them. In short, the State’s business records and 
accounts by counties and from the State at large 
are in the auditor’s keeping. His salary is $4500 a 
year. 

The treasurer acts in conjunction with the auditor 
in the receipt and expenditure of the State’s funds. 
The board of public works (p. 245) names certain 
banks in the State as State depositories, or places for 
the keeping of the State’s money. When money is 
paid to the State, it is placed in one of these deposi¬ 
tories, which issues to the person paying it a certifi¬ 
cate showing such payment. This certificate is sent 
to the auditor and entered on his books. He then 
indorses it, showing to what fund of the State it is to 
be credited, and sends it to the treasurer, who prop¬ 
erly credits the amount as the auditor has directed. 
The treasurer is not authorized to receive money in 
any other way, and a person paying money into the 
State treasury in any other manner is liable to have 
to pay the same a second time. The treasurer pays 
out money only upon the auditor’s warrant, yet he 
must know, before issuing a check, that the legisla¬ 
ture has appropriated money for the purpose for 
which the check is issued, and also that there is suffi¬ 
cient money in the State treasury for that purpose. 
If the warrant of the auditor is a proper one, the 
treasurer indorses a check upon it, signed by him as 
treasurer, and then the person in whose favor the 


THE STATE OF WEST V/RGIN/A 


245 


warrant is drawn can get the money upon presenta¬ 
tion of the check at any bank in the State. The 
treasurer receives a salary of $2500 a year. 

The governor, auditor, State superintendent of 
schools, and treasurer form the board of the school 
fund, whose duty it is to see that the permanent 
school fund (p. 272) is properly invested. 

The board of public works consists of the governor, 
auditor, treasurer, attorney-general, and superintend¬ 
ent of schools. The secretary of State is secretary 
of the board. The board of public works attends to 
the assessment of railroads in the State ; names the 
banks which shall be State depositories ; has super¬ 
vision over all banks chartered and doing business in 
the State; and in general has control over all public 
improvements of the State. 

The secretary of State receives a salary of ;^4000. 
He is the custodian of all State papers and documents 
and of the State seal; he keeps a record of all acts 
of the legislature and of the executive departments ; 
receives and preserves returns of elections; he is the 
superintendent of public printing ; issues certificates 
of incorporation ; signs all proclamations issued by 
the governor; and issues certificates of appointment 
to notaries public. 

The attorney-general is the attorney for the State. 
He appears before the supreme court of appeals in 
behalf of the State, and he is required to give his 
opinion on any point of law when desired by the gov¬ 
ernor or other executive officer. His salary is $2500. 

The various boards of State institutions, such as 


246 


SUPPLEMENT 


the university, the normal schools, the penitentiary, 
and insane asylums, have supervision over the affairs 
of their several institutions. 

The Judiciary. — The judiciary decides whether or 
not, in a particular case, the law has been complied 
with, and it also interprets the meaning of laws. If 
an individual, or several individuals, does what a law 
of the State prohibits, it is an injury to the public and 
is a cause for criminal action against the offender. 
For example, a man violates the law by breaking into 
another’s house and stealing his property. This act 
endangers the public safety, and not simply the indi¬ 
vidual from whom the property was stolen, for the 
thief, if not arrested, may rob others. 

But one individual may injure another without 
endangering the public safety. If this is done, the 
injured party may bring a civil actio 7 i against the 
offender. Let us say that two men, A and B,.own 
adjoining lots. A claims that B in building a house 
has encroached on his land. B insists that his 
house is entirely within his own limits. Both may 
be honest in their opinions, but unable to agree. A 
may then bring a civil action against B, and it will be 
the duty of the court to determine which is right. 

The party complaining against another is called 
the plaintiff. The one who defends himself against 
the charge is the defendafit. In a criminal action 
the State is always the plaintiff, because in such a 
case the general public is the injured party. The 
statement of a criminal proceeding reads: “ The 

State of West Virginia versus (against) John Smith.” 


THE STATE OF WEST V/RG/N/A 


247 


A civil action is stated thus: “John Smith versus 
Amos Brown.” 

If an offense is punishable by death or imprison¬ 
ment in the penitentiary, it is called a felony. 

All other offenses less than felonies are called 
misdemeanors, and are punishable by fine or imprison¬ 
ment in the county jail. 

A court is said to have jurisdiction in a case when 
the case is of such a character that it may be brought 
to trial before that court. If the case may be brought 
directly into a court, that court is said to have original 
jurisdiction in that case. Sometimes a case is carried 
from a lower court to a higher one for trial. This 
is called appealing the case, and the higher court is 
then said to have appellate jurisdiction in the case 
appealed to it. 

The system of courts in West Virginia begins with 
the justice’s court and culminates in the supreme 
court of appeals. 

The following diagram will illustrate the courts 
and their relation to one another: — 


SUPREME COURT 
OF APPEALS 


CIRCUIT COURTS 


COURTS OF LIMITED JURISDICTION 

_ 

JUSTICES’ COURTS. 


The constitution provides that each county shall be 
divided into not fewer than three and more than ten 












248 


SUPPLEMENT 


magisterial districts. Each of these districts elects a 
justice of the peace, or if the district has a population 
of more than twelve hundred, it elects two justices. 

The justice s court has original jurisdiction in both 
civil and criminal actions. In civil actions the justice 
may hear cases in which the amount in dispute 
does not exceed ^300, exclusive of interest. He may 
punish offenders by fine and imprisonment in a num¬ 
ber of small cases. He may cause the offender 
to be arrested and await the meeting of the grand 
jury; or he may require him to give bond to appear 
before the grand jury. By “giving bond” is meant 
giving a promise to appear at a stated time, or on 
failure to appear to pay a certain specified sum of 
money. Some responsible person is required to sign 
the bond, and to pay the money if the accused does 
not appear. 

The jurisdiction of the justice of the peace extends 
throughout the country. 

The State is divided into eighteen circuits, each of 
which elects a circuit judge for a term of eight years. 
The first circuit elects two judges. As each circuit 
is composed of several counties, the law requires each 
circuit judge to hold court in each county at least 
three times a year. 

The circuit cotirts have original jurisdiction in civil 
actions involving more than ^50, and in all criminal 
actions, and appellate jurisdiction in nearly all cases 
brought before a justice’s court. 

Each county elects a clerk of the circuit court, 
whose duty it is to keep a record of all the proceed- 


THE STATE OF WEST VIRGIN/A 


249 


ings of the circuit court. The clerk serves for six 
years, and receives a small salary, in addition to which 
he is compensated by fees. 

In case either party to a suit in a circuit court is 
dissatisfied with the trial, the case may be appealed 
to the supreme court of appeals^ which is the highest 
court of the State. This court is composed of five 
judges, elected by the people of the State for a term 
of twelve years. They receive a salary of ;^4500 a 
year. The court meets three times a year; one ses¬ 
sion is held at each of the following places: Charles¬ 
ton, Charles Town, and Wheeling. 

The supreme court of appeals has both original 
and appellate jurisdiction throughout the State. 
Cases involving more than ;^ioo may be appealed to 
it, and also cases relating to mills, roads, ferries, 
taxation, lands, guardians, etc. Criminal cases may 
also be appealed to this court. It has original juris¬ 
diction in cases of mandamus^ habeas corpus, and 
prohibition. 

A writ of mandamus is an order from a superior 
court to a lower court, a corporation, or an officer, 
requiring that some duty be performed. 

A writ of prohibition is an order from a superior 
court to an inferior court or to some one suing therein 
to stop proceedings. 

The officers of the supreme court are the attorney- 
general, who is the reporter of the court; a clerk, 
who keeps the court records ; a crier, who makes 
announcements and preserves order in the court 
room ; and a messenger. 


250 


SUPPLEMENT 


Notaries public take acknowledgments and deposi¬ 
tions and administer oaths. 

Criminal Courts. — As the legislature has power to 
create courts of limited jurisdiction, it has established 
criminal courts in several of the larger counties. 
These courts have jurisdiction in criminal cases only ; 
but where there is no separate criminal court, the 
judge of the circuit court hears both civil and crimi¬ 
nal cases. 

County Organizations. — The county officers pro¬ 
vided by the constitution are county commissioners, 
a clerk of the county court, a ^clerk of the circuit 
court, prosecuting attorney, sheriff, surveyor of lands, 
assessor, coroner, and overseer of the poor. All are 
elected except the coroner and overseer, who are 
appointed by the county court. The clerks and com¬ 
missioners serve six years ; the other officers four 
years. Road supervisors, whose authority is confined 
to a portion of a county, are appointed by the county 
court. 

The county court in most counties is composed of 
three commissioners, but in several counties the voters 
elect one commissioner from each district. The con¬ 
stitution requires the county court to hold at least 
four terms of court each year. One of the commis¬ 
sioners is elected president. 

The county court is not a judicial body in the ordi¬ 
nary sense. It appoints guardians and administra¬ 
tors, and probates wills {i.c. examines into wills to 
see if they are legally made, and if their provisions 
should be put into effect). The most important 


THE STATE OF WEST VIRGINIA 


251 


duties of the county court are the administration of 
county affairs. It levies taxes for the county, after 
it has determined how much money will be needed 
for county purposes. It also gives orders on the 
sheriff for the payment of county expenses. It is 
also the duty of the county court to provide court¬ 
houses, jails, and offices for the county officers ; to 
furnish fuel, stationery, books, and other materials so 
that the county officers can properly perform their 
duties; to receive election returns and issue certifi¬ 
cates of election to local officers; to determine whether 
or not license for the sale of liquor shall be granted, 
and, if so, to grant licenses to applicants, but no 
licenses may be granted by the county court to an 
applicant desiring to do business in an incorporated 
city or town, unless said applicant has first secured 
the consent of the council thereof; to select the 
county board of health; to make provision against 
contagious and infectious diseases; to fill vacancies 
in its own body and in the offices of clerk of the 
county court and justice of the peace. All these 
and many other duties devolve upon the county 
court. It can be readily seen that this is a body of 
great local power and responsibility. 

The constitution provides that the county court 
shall have, through its clerk, custody of all papers 
for record; consequently the clerk of the county 
court keeps in books known as records copies of 
deeds, mortgages (called deeds of trust in West Vir¬ 
ginia), leases, wills (and the originals also), and all 
other documents usually recorded. In his office is a 


252 


SUPPLEMENT 


list of all the real and personal property in the county, 
with the name of the owner and the amount of tax 
upon it; and a list of all property which is delin¬ 
quent, — that is, upon which the tax has not been 
paid. All the proceedings of the county court are 
recorded by the clerk, and when the county court is 
not in session he may admit wills to probate and ap¬ 
point administrators. Marriage licenses are issued 
by him, and he keeps a record of the births, deaths, 
and marriages in the county. In general, all con¬ 
tracts, deeds, licenses, and documents of like char¬ 
acter intended in any manner to give notice to the 
public are found recorded with the clerk of the county 
court. He receives only a small salary, being com¬ 
pensated in fees, which in the more populous counties 
of the State amount annually to large sums. 

A contract is an agreement between two or more 
parties to do or not to do a particular thing. 

A lease is a kind of contract for the possession and 
profits of lands and houses for a certain number of 
years. 

A license is a right given by some authority which, 
without such authority, would be illegal. 

A will is the disposition of one’s property to take 
effect after death. 

A lien is a hold or claim which one person has 
upon the property of another as a security for some 
debt or charge. 

Mechanics and material men have, in many of the 
States, a lien upon the buildings which they have 
repaired or constructed. 


THE STATE OF WEST VIRGHVIA 


253 


A deed is a writing under seal containing a con¬ 
tract or agreement by which one party binds himself 
to do a particular thing for another party. 

In the ordinary sense the party of the first part 
agrees to deliver certain lands to the party of the 
second part. 

After the deed is made the maker thereof must go 
before some competent officer or court and declare 
that it is his act or deed. This is called the acknowl¬ 
edgment. 

A deed of trust is an instrument by which one party 
grants certain lands or personal property to a trustee^ 
to be held by him to secure the payment of certain 
debts to a third party. When the debts are paid, the 
deed of trust becomes void. 

The prosecutmg attorney is the legal officer of the 
county. It is his duty to prosecute all offenders 
against the law in his county, and he appears as 
attorney in all cases in which the State, county, or 
district therein is interested. He may compel wit¬ 
nesses to testify before the grand jury and in 
criminal cases in court. He receives certain fees for 
each offender convicted, provided the fee can be 
made off of the convict, together with an annual 
allowance fixed by the county court. 

The sheriff is the executive officer of the county. 
He collects all the taxes, except municipal taxes, and 
pays orders drawn upon the funds in his possession. 
He sells property on which taxes have not been paid ; 
has charge of all persons committed to the county 
jail; and conveys convicts to the penitentiary. For- 


254 


SUPPLEMENT 


merly he executed the sentence of death upon con¬ 
demned persons, but now this duty is performed 
privately at the penitentiary by the officers thereof. 
The sheriff is also required to preserve peace through¬ 
out the county, and to arrest criminals. He receives 
for his compensation fees, an allowance from the 
county court, and commissions on taxes and other 
moneys received by him. A sheriff may, with the 
consent of the county court, appoint any person his 
deputy or assistant. A sheriff may not be reelected 
for the succeeding term, nor may he hold any other 
office for a year from the expiration of his term. A 
sheriff’s deputy may not be elected sheriff to succeed 
him, nor may a sheriff become the deputy of his 
successor. 

The office of constable is a county office in the sense 
that his power extendsthroughout the county, although 
he is elected from a single district, and each county 
has as many constables as it has justices of the peace. 
His compensation, as well as that of the justice of the 
peace, is from fees. It is the duty of the constable 
to execute the orders of the justice or other court. 
He arrests criminals, compels the attendance of wit¬ 
nesses, and sells property when levied upon for 
debt. 

The surveyor's duties consist in making a survey 
when ordered by any court, and making a plat and 
certificate thereof. He receives fees which form part 
of the costs in a case in court, and fees from others. 
He is elected for four years. All the records of his 
office are open to public inspection. 


THE STATE OF WEST V/RG/mA 


255 


The coroner receives his appointment from the 
county court. He receives two dollars a day while 
engaged in making an inquest. A coroner’s jury con¬ 
sists of six persons, whom the constable selects upon 
a warrant issued by the coroner. In the presence of 
the dead body, and with it in view, the jury are sworn 
“to truly inquire and state how the person whose 
body here lies dead came to his death.” A justice of 
the peace may act as coroner. The expenses of an 
inquest are paid out of the dead person’s estate, if 
sufficient, and if not, by the county. 

An overseer of the poor is appointed by the county 
court for each magisterial district. This officer must 
provide for the support of every applicant entitled to 
public maintenance. Any one who has lived in the 
county for one year and was able to support himself 
when he came into the county, if he came within 
three years before making application, may apply for 
support. The purpose of this provision is to prevent 
people from begging in the streets and from house to 
house. The overseer may require persons unable to 
bear the expense to be vaccinated at the expense of 
the county. 

Taxation. — With the office of coimty assessor the 
subject of taxation is properly considered. The con¬ 
stitution provides that taxation is to be upon all kinds 
of property, and to be equal and uniform throughout 
the State, and in proportion to the value of the prop¬ 
erty as directed by law. The legislature may tax the 
privileges and franchises of corporations. Owners of 
land are required to list the same for taxation, and if any 


256 


SUPPLEMENT 


tract is not so listed for five successive years, it is for¬ 
feited to the State, except that persons under dis¬ 
ability may, until three years after the disability is 
removed, have the land charged upon the land books 
by paying the taxes thereon, with interest. 

The constitution authorizes the legislature to exempt 
from taxation public property and property used for 
religious, charitable, educational, literary, or scientific 
purposes. The property which the legislature has ex¬ 
empted is such property as courthouses, schoolhouses, 
churches, public-school libraries, private libraries, 
cemeteries, hospitals, asylums, fire engines, etc. In 
general, however, all private property is subject to 
taxation. 

By the constitution the legislature is required to levy 
annually a capitation tax of one dollar upon each male 
inhabitant of the State twenty-one or more years old. 

The purposes for which the legislature has power 
to tax are to pay the debt of the State, to provide free 
schools, and to pay the yearly expenses of the State. 

Cities, towns, and villages may be authorized by law 
to levy taxes for municipal purposes. 

Taxes for the support of the State are levied by the 
legislature; for the county, by the county court; for 
the school district, by the board of education; and for 
towns or cities, by the council. 

To protect the people from overtaxation, and to^ 
prevent cities and counties from becoming too much 
indebted, the constitution places the following restric¬ 
tions upon the power to levy taxes and to create debts. 
The authorities of a county cannot in any one year 


THE STATE OF WEST VIRGINIA 


257 


levy a greater tax than ninety-five cents on each hun¬ 
dred dollars of property, except for the support of 
free schools or to pay debts contracted at the time the 
constitution went into effect, unless the matter of such 
additional taxation be submitted to a vote of the people, 
and three fifths of the votes cast be in favor of it. 
The State cannot contract debts except to pay a debt 
existing at the time the constitution went into effect, 
or to suppress insurrections, repel invasions, protect 
the State in time of war, or to make up a casual defi¬ 
cit in the revenues. When it is necessary for the 
State to create a debt against itself, the payment of 
such debt, unless it be for the ordinary expenses of 
the State, shall be equally distributed over a period 
of twenty years. No county, city, school district, or 
municipal corporation is allowed to create debts which 
amount to more than five per centum of the valuation 
of its property at the last assessment.^ No debts 
may be contracted unless the question is submitted to 
a vote of the people and three fifths of all the votes 
cast are in favor of it. At the time of contracting 
such a debt, provision must be made for collecting 
taxes sufficient to pay the debt within thirty-four 
years. 

Debts contracted by a county, city, or school district 
are in the form of bonds. A bond is a written promise 


1 The legislature of 1904 and 1905 amended the assessment and tax 
laws of the State, and placed further restrictions upon the taxing powers 
of the county and municipal authorities. The limit of indebtedness 
was placed at two and one half per cent of the total valuation of 
property. 


Pet. C. Go. — 17 


258 


SUPPLEMENT 


to pay a certain amount at a specified time. For ex¬ 
ample, if a city wishes to improve its streets, and has 
not the necessary money to hand, it may issue bonds. 
First an election is held, and if three fifths of the 
votes cast are in favor of the bond issue, the city may 
advertise for bids. The bonds are bought either by 
companies or by individuals, and the money received 
from their sale is used by the city for improving the 
streets. The purchasers of the bonds receive interest 
on them, and at the expiration of the time specified 
in the bond the city must return the money. Bonds 
usually run for periods of ten, twenty, or thirty years. 

The State cannot assume the debt of any county, 
city, or township, corporation, or person, nor be 
stockholder in any company or association. 

Assessment of Taxes. — Before taxes can be 
levied it is necessary to have a list of all the property 
and its values. These lists are prepared by the as¬ 
sessors^ and the value placed on the property is called 
its assessment. 

By the new law, which goes into operation in 1909, 
each county elects one assessor for a term of four 
years. The assessor must be a resident of the county 
from which he is chosen and a freeholder therein. 
The assessor, with the advice and consent of the 
county court, appoints one or more assistants, ac¬ 
cording to the population of the county. The com¬ 
pensation of the assessor and his assistants is fixed by 
the county court and paid out of the county treasury. 

The assessor is required to furnish each taxpayer 
blanks on which his property shall be listed. The 


THE STATE OF WEST VIRGfNTA 259 

assessor or his assistants call on every person who 
is a taxpayer, and receive from him a full and correct 
list of all the property he owns, together with the 
true and actual value of such property, according to 
what it would bring at a private and voluntary sale. 
The taxpayer is then required to take oath that he 
has given a full and correct account of all property 
owned by him, and what he considers its true and 
actual value. 

When all of the lists have been submitted by the 
taxpayers, the assessor examines them to see if the 
values given are uniform throughout the county, and 
that one piece of property is not assessed higher 
than another of like value. If any property is, in the 
opinion of the assessor, valued at more or less than 
its actual value he may correct the same. He must 
place on the list any property which he knows has 
been omitted. 

When the assessor and his assistants have met and 
carefully revised the lists, they shall hold a meeting 
for the purpose of hearing the complaints of any per¬ 
sons whose property has been given a greater value 
by the assessor than that fixed by the taxpayer, or of 
any persons who claim to have been assessed for 
property that does not exist. Then after hearing the 
complaints, if it appears that any error has been made, 
the assessor shall correct the same. At this meeting 
the clerk of the county court sits as an advisory mem¬ 
ber. If any taxpayer who applies at this meeting is 
dissatisfied with the decision made, he may apply to the 
county court for relief. 


26o 


SUPPLEMENT 


When the tax lists are finally completed, the various 
bodies who have the right to levy taxes decide on the 
rate of taxation. For example, the county court, after 
deciding the amount of money needed to pay the ex¬ 
penses of the county, divides this by the total value of 
the property of the county. This gives the number 
of cents tax to be paid on each hundred dollars’ 
worth of property. The assessors then make out the 
tax tickets for each taxpayer. The tax ticket shows 
the amount of property owned, the rate of taxation for 
each purpose le^vied, and the total amount of taxes due. 
It is then the duty of the sheriff to collect the taxes. 

The State tax commissioner is appointed by the 
governor by the advice and consent of the Senate, for 
a term of six years. He may not be reappointed. It 
is the duty of the tax commissioner to see that all 
laws concerning the assessment and collection of 
taxes and levies are faithfully enforced. He must 
visit the counties and towns and inspect the work of 
all officers connected with the assessment and collec¬ 
tion of taxes. He may cause any violation of the tax 
laws to be prosecuted. He may appear before any 
court, council, or tribunal when any complaint against 
assessment is being made. 

Railroads, car lines, telegraph and telephone lines, 
and pipe lines are assessed by the board of public 
works. 

Personal property, and after the year 1909 real 
estate also, is assessed annually. 

Municipal Government.— Municipal government 
in West Virginia is provided for in the constitution 


THE STATE OF WEST V/RGIN/A 261 

and regulated by statute. If one hundred or more 
persons live on a tract of ground of one hundred and 
sixty acres or more, then such persons may be incor¬ 
porated as a city, town, or village. They must first 
survey the territory they live in, take a census of the 
population, and give public notice of the intention to 
apply for incorporation; and the proposition must be 
voted on by the people and carried. All the papers, 
including the survey, census, notices, and results of 
the election, must be filed with the application. The 
judge of the circuit court passes upon the application, 
and if everything has been properly done the clerk of 
the circuit court is directed to issue a certificate of 
incorporation. A mayor, recorder, and not fewer 
than five councilmen are elected as officers of such 
village, town, or city, and a sergeant, assessor, and 
superintendent of streets are appointed by the coun¬ 
cil. The mayor is the chief executive officer; the 
recorder keeps a record of all proceedings of the 
council and official acts of city officers, and in the ab¬ 
sence of the mayor performs his duties ; and the coun¬ 
cil is the legislative body which passes laws called 
ordinances for the regulation of the town or city. 
The sergeant is the police officer; the assessor values 
the city property ; and the superintendent of streets 
or roads sees to their repair and to their being kept 
in order. 

In cities having a population of more than two 
thousand the legislature may grant a special charter, 
and change it from time to time as the needs of the 
city demand. Although there is considerable diver- 


262 


SUPPLEMENT 


sity in the various charters, all provide for the execu¬ 
tive head, called the mayor, the legislative department, 
known as the council, and some judicial officer. 

Some cities have boards of public works authorized 
by their charters. These bodies recommend and pass 
upon public improvements requiring the expenditure 
of large sums of money. In some respects they have 
equal powers with the council. 

Elections and Officers. — By the provisions of the 
constitution voting shall be by ballot, and may be 
either open, secret, or sealed. Voters must be male 
citizens twenty-one years of age, of sound mind, 
not paupers or under conviction of felony, and each 
voter must have been a resident of the State a year 
and of the county sixty days next preceding the time 
he offers to vote. A voter is protected, during the 
time necessary and convenient to go to and from the 
polls, against arrest on civil process, and is not com¬ 
pelled, during such time, to attend court as suitor, 
juror, or witness ; and is not at such times required to 
work the roads or perform military duty, except in 
case of war or public danger. By statute, employees 
are allowed four hours, or more if necessary, from 
their employment in which to vote at all national. 
State, or county elections. 

The legislature has power to pass laws necessary 
to prevent illegal voting or intimidation, and to secure 
an honest expression of the people’s will. In con¬ 
formity with an amendment to the constitution 
adopted in 1902, the legislature has passed a law 
requiring all qualified voters to be registered. 


THE STATE OF WEST VIRGINIA 263 


The general election is on the first Tuesday after 
the first Monday in November. All except municipal 
officers are elected then, 

For several years the Australian ballot system has 
been in use in all elections, national, State, county, 
and municipal. The blanket ballot, described on 
page 180, is used. The names of candidates are 
arranged in the order of supposed prominence of 
their offices; for example, at a national election the 
candidates for presidential electors appear at the 
head of the ticket; candidates for Congress come be¬ 
fore candidates for State offices; candidates for State 
offices before candidates for county offices; and the 
purely local candidates at the bottom. 

To vote a “straight ticket,” — that is, for all the 
candidates for the same party, — draw a line through 
every column except the column you wish to vote. 
To scratch, —that is, to vote for a candidate of some 
other political party than your own, — draw the lines 
as before, and also erase the names of the candidates 
you wish to reject, and insert in their places the 
names of the candidates you wish to substitute. 

The constitution declares that only those entitled 
to vote are eligible to office, and all persons elected 
to office must take an oath to support the Consti¬ 
tution of the United States and the constitution of 
West Virginia. Provision is made for the removal 
of officers for incompetency, official misconduct, 
gross immorality, or neglect of duty. Officers hold 
their offices until their successors qualify. Appoint¬ 
ments to fill places are provided for, and such ap- 


264 


SUPPLEMENT 


pointees hold office until those elected at the next 
general election qualify. 

The constitution provides for the impeachment of 
State officers. At the trial in cases of impeachment 
(see page 82) the president of the supreme court of 
appeals presides, if not disqualified, and an affirma¬ 
tive vote of two thirds of the members of the House 
of Delegates is necessary for conviction. All county 
officers are subject to indictment for neglecting their 
duties or vi^rongly performing them. 

Bonds are required of all officers who handle 
money, in order that the State may be protected 
from loss. A bond is a promise to pay a certain 
sum of money. Sometimes an officer’s friends will 
become his bondsmen, that is, they will agree to 
make good any money the officer does not properly 
account for. In other cases an officer applies to a 
security company, which becomes his bondsman in 
consideration of a certain sum paid to the company. 

Public Boards. — Among the important agencies 
in the administration of the affairs of the State are 
the various boards, to which some reference has 
been made. The principal ones are : the board of 
public works, the board of the school fund, and the 
commissioners of printing, the members of each of 
which are State officers, and receive no additional 
salary as members of the boards; also the boards of 
agriculture, of health, of embalmers, of pardons, of 
dental examiners, the boards of regents of the various 
educational institutions of the State, and the boards 
of trustees of the charitable and penal institutions of 


THE STATE OE WEST V/RGIN/A 265 


the State, all of whose members are appointed by 
the governor, and receive while in session $4 or $5 
a day. 

The institutions over which these various boards 
have control are located as follows: the State 
University at Morgantown ; the normal schools at 
Huntington, Fairmont, West Liberty, Shepherds- 
town, Athens, and Glenville ; the Colored Institute at 
Institute; the Bluefield Colored Institute at Blue- 
field; two preparatory branches of the State Univer¬ 
sity at Montgomery and at Keyser; the Penitentiary 
at Moundsville; the Reform School at Pruntytown; 
the insane asylums at Weston and Spencer; the Deaf, 
Dumb, and Blind Asylum at Romney; the Girls’ 
Industrial Home at Salem; the Home for Incurables 
at Huntington; miners’ hospitals at Welch, McKen- 
dree, and Fairmont. 

Education. — The constitution provides for a 
State superintendent of schools, and the legislature 
provides for county superintendents, boards of educa¬ 
tion, and trustees. 

The State superintendent resides at the capital, and 
has an office in the capitol building. His duties are 
the supervision of all the educational affairs of the 
State. He prepares the different blank forms for use 
by school officers, gives instructions to county super¬ 
intendents, prepares programmes for county insti¬ 
tutes, and appoints instructors for the same, appoints 
the board of examiners for teachers’ State certificates, 
prepares questions for the uniform examination of 
teachers, and supervises the grading of the examina- 


266 


SUPPLEMENT 


tion manuscripts. To those teachers who reach the 
standard required by law he issues certificates en¬ 
titling them to teach in any county of the State. He 
acquaints himself with the various educational needs 
and conditions throughout the State, keeps in touch 
with the prominent educators of the country, travels 
over the State in attendance upon the general educa¬ 
tional gatherings, and in this way seeks to give to the 
State the most advanced methods and the most valu¬ 
able ideas found in educational work. 

The State superintendent is a member of the board 
of public works and of the board of the school fund, 
and is president of the board of regents of the normal 
schools. He receives a salary of $3000 a year. 

The county superintende^it is expected to visit each 
school in the county at least once a year, to assist in 
the conducting of teachers’ examinations, to make 
reports to the State superintendent, to acquaint him¬ 
self with the character and condition of school prop¬ 
erty, furnish from his office the blanks needed for the 
carrying on of the schools, and to acquaint himself 
with the principles of architecture so as to be able to 
pass upon plans for school buildings, which must be 
submitted to him before adoption. He is, in a sense, 
the adviser of boards of education. They cannot 
purchase school apparatus without the consent of the 
county superintendent. It is upon his certificate that 
the State superintendent authorizes the payment of 
the State school fund to the different districts to 
which it is distributed. 

A board of education is elected for each mag- 


THE STATE OF WEST V/RGIN/A 267 

isterial district or township. It consists of a presi¬ 
dent and two commissioners, elected for four years. 
The secretary of the board is elected by it, but is not 
a member of the board. The fiscal school year begins 
on July I and ends on June 30. The board of edu¬ 
cation makes its levy as early as possible in July 
of each year; that is, it determines how much money 
it will need to pay the salaries of teachers in the dis¬ 
trict for the coming year, and how much to repair or 
erect buildings, and for expenses for janitors, fuel, 
and other supplies. When the amount needed is 
determined, the board fixes the rate of taxation neces¬ 
sary to secure this amount. Every four years the 
people of a district vote whether a levy shall be made 
for school purposes, and if they vote for the levy the 
board makes a levy for each of the next four years. 
If the vote is against the levy, then no levy can be 
made for the following year, and a year later another 
vote is taken. If no levy is made, the schools must 
be closed. The levy made by the board cannot ex¬ 
ceed a fixed amount, without the vote of the people. 

The board of education divides each district into 
subdistricts, which generally contain not fewer than 
forty children of school age. The number of teachers 
for each subdistrict is determined by the board of 
education, and their salaries are fixed according to 
the grades of their certificates. 

For each subdistrict the board appoints three per¬ 
sons called trustees, who serve for three years, and 
whose actions are subject to the control of the board 
of education. The trustees have charge of the school 


268 


SUPPLEMENT 


buildings, appoint the teachers and janitors, remove 
the same for improper conduct or incompetence, and 
may suspend or expel unruly pupils. They are ex¬ 
pected to visit the schools, and see that the needs of 
the schools are provided for. 

Where there are towns or villages or densely popu¬ 
lated neighborhoods, the boards of education have the 
power to establish graded schools and employ teach¬ 
ers therefor. The salary of a member of the board 
of education cannot exceed $() a year and that of the 
secretary ^15. In addition the secretary receives ;^io 
for making his report to the county superintendent. 

All persons teaching in the schools of West Vir¬ 
ginia are required to hold certificates issued by the 
State superintendent or the State board of examiners. 
The State superintendent issues first, second, and 
third grade certificates upon examination. The ques¬ 
tions for examination are prepared by the State 
superintendent and copies of them are sent to each 
county superintendent of the State. On certain days 
designated by the State superintendent, examinations 
are held for teachers’ certificates. When the manu¬ 
scripts are completed they are sealed and sent to the 
office of the State superintendent, where they are 
examined and graded. Applicants receiving an aver¬ 
age of ninety per cent and not less than seventy-five 
per cent on any branch, receive a first-grade certifi¬ 
cate ; an average of eighty, and not less than seventy 
on any branch entitles an applicant to a second-grade 
certificate ; and an average of seventy, and not less 
than sixty on any branch, to a third-grade certificate. 


THE STATE OF WEST VIRGINIA 269 


In different parts of the State there have been 
created by acts of the legislature what are known as 
independent school districts. A certain part of a dis¬ 
trict is set aside, usually that part containing a town 
or village. The act creating such independent dis¬ 
tricts gives those districts the right of managing their 
own school affairs, independently of the general laws 
applying to district schools. The board of an inde¬ 
pendent district may adopt such text-books as it 
see fit, and have special privileges in the matter of 
levies, supervision, length of term, and so forth; but 
when not particularly changed by the act creating 
the independent district, the general laws relating to 
boards of education apply. The objection to the in¬ 
dependent district is that it has frequently taken out 
of a district the part which is the most wealthy, and 
left the shut-out portion to struggle along alone with 
very limited school facilities, because the property in 
it is not valuable enough to produce much revenue. 
The advantage is that the part known as the inde¬ 
pendent district can enjoy a longer term of school, 
and have the privileges of grading and of better- 
paid teachers. 

In the towns of the State the school term varies 
from eight to ten months each year; in the rural dis¬ 
tricts the minimum is five months. 

The text-books for use in the schools are uniform 
for each county of the State. There is a county 
school-book board, which determines the books for 
its own county, and makes a contract for them for a 
term of five years. 


270 


SUPPLEMENT 


The West Virginia University was originally the 
Agricultural College of West Virginia, established at 
Morgantown by an act of the legislature in 1867. A 
board of nine regents appointed by the governor con¬ 
trols its affairs, selecting its faculty, making its rules 
and regulations, and establishing its various depart¬ 
ments. The legislature appropriates money for its 
support out of the State treasury, in addition to which 
the board of regents may receive gifts of money or 
land from private sources. 

The legislature has authorized the board of regents 
of the University to admit not more than two hundred 
and twenty-five cadets, who shall be at least sixteen 
years of age, of sound body and good moral character. 
They receive tuition, books, and stationery free. Each 
member of the House of Delegates has the appoint¬ 
ment of one cadet from his county, and each senator 
the appointment of two from his district. The re¬ 
maining number are appointed by the board of 
regents. The term of service is two years, but at the 
expiration of that time a cadet may reenlist for two 
years more. 

Another feature of the University is the agricul¬ 
tural experiment station, which was established and 
is supported by provision made by Congress. Its 
purpose is to obtain useful information of an agricul¬ 
tural and scientific character, and diffuse the same 
through bulletins sent over the State. With its lab¬ 
oratories and apparatus it furnishes an opportunity 
to study the best methods of agriculture, and is a 
grea't aid to this industry throughout the State. 


THE STATE OF WEST VIRGIN/A 


271 


The six normal schools aim to assist persons to fit 
themselves for the work of teaching. Each of these 
schools offers an academic course which is an advan¬ 
tage to a large number of students. These schools 
are supported by the State, and the appointment of 
teachers and other details are attended to by the 
board of regents appointed by the governor, with the 
State superintendent as ex officio chairman. 

Two preparatory schools for the State University 
are supported by the State. One is in Montgomery 
and one at Keyser. The West Virginia Colored Insti¬ 
tute is an institution of learning provided for by act 
of the legislature in order to comply with the require¬ 
ments of the act of Congress of 1890, relating to the 
appropriation of several thousand dollars annually for 
the more complete endowment of agricultural col¬ 
leges. This act requires that colored youth be 
furnished equal opportunities with white youth for 
instruction, in the branches provided to be taught in 
these- agricultural and scientific schools. As the 
constitution of the State does not allow mixed 
schools, the legislature provided a separate school 
called the West Virginia Colored Institute. The 
Bluefield Colored Institute is practically a high school 
for colored youth. Storer College at Harper’s Ferry 
is a private institution for colored people, but the 
State makes an appropriation to give normal training 
to colored teachers. The reform school for boys 
and the girls’ industrial home have educational 
features also. 

Support of Schools. — In addition to the local 


2/2 


SUPPLEMENT 


levies made by the boards of education in each 
district, the State school fund is distributed among 
the districts of the State according to their school 
population. The principal sources of the school fund 
are the capitation tax; a tax levied by the legislature 
for school purposes; and two sevenths of the taxes 
placed on licenses and franchises. In addition to these 
are several minor sources of revenue, one of which is 
the interest on the permanent school fund. The per¬ 
manent school fund, which has existed since the con¬ 
stitution was made, was by an amendment to the 
constitution in 1902 limited to $1,000,000. 

The sheriff or collector of taxes collects the school 
taxes. 

Constitutional Provisions concerning Education. 
— White and colored persons are not to be taught in 
the same school. No person in any way connected 
with the free school system or with any educa¬ 
tional institution under State control can be interested 
in the sale, proceeds, or profits of any book or any 
other thing used in the schools, unless he is the 
author or inventor of the same. 

No independent school district (see above) can be 
created unless the question is first stibmitted to a vote 
of the people composing the proposed district, and 
a majority of the votes cast are in favor of it. 

No appropriation can be made to any State nor¬ 
mal school or branch thereof, except to those already 
established and in operation, or chartered at the time 
of the adoption of the constitution. 

Suitable provision must be made for the blind. 


THE STATE OF WEST VIRGINIA 


273 


mute, and insane, and for the organization of such 
institutions of learning as the best interests of general 
education demand. 

Corporations and Railroads. — A corporatioti is 
one or more persons authorized by law to do business 
as an individual. 

A joint stock company consists of not less than five 
members, each of whom owns a certain number of 
shares of stock. For example, a company may be 
organized to carry on a street railway. The capital, 
or amount of money the company has at its disposal, 
may be $100,000. This is divided into shares, whose 
value may be of any amount set forth in the charter 
of the company, say $10 each. Each person who 
buys one of these shares is a stockholder in the com¬ 
pany. The profits made by the street-car company 
are divided among the stockholders, according to the 
number of shares they own. These divided profits 
are called dividends. 

A certain number of stockholders are elected direc¬ 
tors, whose duty it is to manage the company’s affairs. 

Concerning corporations generally, and railroads 
in particular, the constitution provides that all corpo¬ 
rations must be created by general laws, except that the 
legislature may provide by special act for building a 
canal connecting Chesapeake Bay with the Ohio River. 

Stockholders are liable only to the amount of their 
stock subscribed and unpaid, except holders of bank 
stock, who are liable in twice the amount of their 
stock. 

In the election of directors, each stockholder has as 
Pet. C. Go. —18 


274 


SUPPLEMENT 


many votes as he owns shares of stock. He may vote 
either in person or by proxy. 

Railroads either organized or doing business in the 
State must make annual reports to the State auditor, 
showing the condition of their business during the 
year for which the report is made. All movable prop¬ 
erty of railroads, such as cars, engines, etc. (which 
are known as rolling stock), are personal property, and 
as such are liable to be sold for debt. Railroads are 
public highways, and may be used by all persons for 
transportation of themselves or their property under 
such regulations as the legislature may make. The 
legislature may fix maximum rates for transportation, 
and must provide that one shipper is not charged 
more than another for the same kind of goods. 

Railroads running through or within half a mile of 
a town of three hundred or more inhabitants must 
establish stations to accommodate the people of that 
town. Unless the legislature consents thereto, a 
railroad cannot purchase or lease a road parallel to 
its own, nor can the stock of the two railroads be 
consolidated. 

Ne'w Constitution and Amendment. — The con¬ 
stitution provides a method for framing a new con¬ 
stitution and for amending the present one. It says 
that no convention for framing a new constitution 
shall be called unless the legislature submits to the 
people the proposition of calling such a convention, 
and provided that, at an election held to determine 
the matter, a majority of the votes cast is in favor of 
the same. 


THE STATE OF WEST VIRGINIA 


275 


The constitution may be amended if two thirds of 
each house of the legislature first agree to an amend¬ 
ment, and then at the next general election the 
people ratify it by a majority of the votes cast. 
Before the election the amendments must be pub¬ 
lished for three months in some newspaper in each 
county. 

FACTS WORTH REMEMBERING. 

The legal rate of interest in West Virginia is six 
per cent. 

A negotiable note is one made payable at a bank 
or business house where banking business is done. 

Days of grace are abolished. 

Legal holidays are Christmas Day, the first day 
of January, Washington’s Birthday, Decoration Day, 
Thanksgiving Day, Fourth of July, Labor Day (first 
Monday in September), and all National and State 
election days. 

Between the ages of eighteen and forty-five male 
persons may be called upon to do duty as members 
of the State militia ; between the ages of twenty-one 
and sixty, to act as jurors. Professional men, men 
holding public positions, and certain others are ex¬ 
empt from these duties. 

An account unpaid at a store for five years after it is 
due cannot be collected from an individual. A note can¬ 
not be collected if it has run ten years after it is due. 

A person whose property is sold for taxes has a 
year after the sale to redeem it. If the person is 


276 


SUPPLEMENT 


under twenty-one or is insane, he has a year after the 
disability is removed. 

It is against the laws of the State purposely to 
disturb a school, religious meeting, literary society, 
or any meeting for social and moral improvement. 

If a person owning real estate dies without a will, 
his property goes first to his children or their de¬ 
scendants ; if none, to his father; if none, to his 
mother, brothers, and sisters. 

Any person over twenty-one may make a will; per¬ 
sons eighteen years old may dispose by will of per¬ 
sonal property. 

A contract not to be performed within a year must 
be in writing; so must an agreement to pay the debt 
of another. 

The word “ seal ” with a pen scroll around it takes 
the place of wax or wafer upon all papers that have 
to be sealed as well as signed. 


CONSTITUTION OF WEST VIRGINIA. 


As ADOPTED IN 1872, WITH THE AMENDMENTS SINCE MADE. 


Article 

I. 

Article 

II. 

Article 

III. 

Article 

IV. 

Article 

V. 

Article 

VI. 

Article 

VII. 

Article VIII. 

Article 

IX. 

Article 

X. 

Article 

XI.' 

Article 

XII. 

Article XIII. 

Article 

XIV. 


TABLE OF CONTENTS. 

Relations to the Government of the United States. 
The State. 

Bill of Rights. 

Elections and Officers. 

Division of Power. 

The Legislature. 

Executive Department. 

Judiciary Department. 

County Organization. 

Taxation and P'inance. 

Corporations. 

Education. 

Land Titles. 

Amendments — how may be made. 

I'he Judicial Amendment. 

The Irreducible School Fund Amendment. 


ARTICLE I. 

RELATIONS TO THE GOVERNMENT OF THE UNITED STATES. 

1. The State of West Virginia is, and shall remain, one of 
the United States of America. The Constitution of the United 
States of America, and the laws and treaties made in pursuance 
thereof, shall be the supreme law of the land. 

2. The government of the United States is a government of 
enumerated powers, and all powers not delegated to it, nor inhib¬ 
ited to the States, are reserved to the States or to the people 
thereof. Among the powers so reserved to the States is the 

277 



2/8 CONSTITUTION OF WEST VIRGINIA 


exclusive regulation of their own internal government and police ; 
and it is the high and solemn duty of the several departments of 
government, created by this Constitution, to guard and protect 
the people of this State from all encroachments upon the rights so 
reserved. 

3. The provisions of the Constitution of the United States, 
and of this State, are operative alike in a period of war as in time 
of peace, and any departure therefrom, or violation thereof, under 
the plea of necessity, or any other plea, is subversive of good 
government, and tends to anarchy and despotism. 

4. For the election of representatives to Congress, the State 
shall be divided into districts, corresponding in number with the 
representatives to which it may be entitled ; which districts shall 
be formed of contiguous counties, and be compact. Each district 
shall contain, as nearly as may be, an equal number of population, 
to be determined according to the rule prescribed in the Consti¬ 
tution of the United States. 

ARTICLE II. 

THE STATE. 

I. The territory of the following counties, formerly parts of 
the Commonwealth of Virginia, shall constitute and form the 
State of West Virginia, viz.: 

The counties of Barbour, Berkeley, Boone, Braxton, Brooke, 
Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, 
Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, 
Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, 
Mason, McDowell, Mercer, Mineral, *Mingo, Monongalia, Mon¬ 
roe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, 
Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, 
Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, 
Wood and Wyoming. The State of West Virginia includes the 
bed, bank and shores of the Ohio river, and so much of the Big 
Sandy river as was formerly included in the Commonwealth of 
Virginia; and all territorial rights and property in, and jurisdic¬ 
tion over the same, heretofore reserved by and vested in the 
Commonwealth of Virginia, are vested in and shall hereafter be 

* Mingo county created by Acts 1895. 


THE STATE OF WEST VIRGINIA 


279 


exercised by the State of West Virginia. And such parts of the 
said beds, banks and shores, as lie opposite, and adjoining the 
several counties of this State, shall form parts of said several 
counties, respectively. 

2. The powers of government reside in all the citizens of the 
State, and can be rightfully exercised only in accordance with 
their will and appointment. 

3. All persons residing in this State, born, or naturalized in 
the United States, and subject to the jurisdiction thereof, shall 
be citizens of this State. 

4. Every citizen shall be entitled to equal representation in 
the government, and, in all apportionments of representation, 
equality of numbers of those entitled thereto, shall as far as prac¬ 
ticable, be preserved. 

5. No distinction shall be made between resident aliens and 
citizens, as to the acquisition, tenure, disposition or descent of 
property. 

6. Treason against the State shall consist only in levying 
war against it, or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason, unless on 
the testimony of two witnesses to the same overt act, or on con¬ 
fession in open court. Treason shall be punished, according to 
the character, of the acts committed, by the infliction of one, or 
more of the penalties, of death, imprisonment or flne, as may be 
prescribed by law. 

7. The present seal of the State with its motto, “Montani 
Semper Liberi,” shall be the great seal of the State of West 
Virginia, and shall be kept by the Secretary of State, to be used 
by him officially, as directed by law. 

8. Writs, grants and commissions, issued under the authority 
of this State shall run in the name of, and official bonds shall be 
made payable to the State of West Virginia. Indictments shall 
conclude, “ Against the peace and dignity of the State.” 

ARTICLE III. 

BILL OF RIGHTS. 

I. All men are, by nature, equally free and independent, and 
have certain inherent rights, of which, when they enter into a 
state of society, they cannot, by any compact, deprive or divest 


28 o constitution of west VIRGINIA 


their posterity, namely; the enjoyment of life and liberty, with 
the means of acquiring and possessing property, and of pursuing 
and obtaining happiness and safety. 

2. All power is vested in, and consequently derived from, the 
people. Magistrates are their trustees and servants, and at all 
times amenable to them. 

3. Government is instituted for the common benefit, protec¬ 
tion and security of the people, nation or community. Of all its 
various forms that is the best, which is capable of producing the 
greatest degree of happiness and safety, and is most effectually 
secured against the danger of maladministration; and when any 
government shall be found inadequate or contrary to these pur¬ 
poses, a majority of the community has an indubitable, inalien¬ 
able, and indefeasible right to reform, alter or abolish it in such 
a manner as shall be judged most conducive to the public weal. 

4. The privilege of a writ of habeas corpus shall not be sus¬ 
pended. No person shall be held to answer for treason, felony 
or other crime not cognizable by a justice, unless on presentment 
or indictment of a grand jury. No bill of attainder, ex-post facto 
law, or law impairing the obligation of a contract, shall be passed. 

5. Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishment inflicted. Penalties 
shall be proportioned to the character and degree of the offense. 
No person shall be transported out of, or forced to leave the State 
for any offense committed within the same; nor shall any person, 
in any criminal case, be compelled to be a witness against him¬ 
self, or be twice put in jeopardy of life or liberty for the same 
offense. 

6. The right of citizens to be secure in their houses, persons, 
papers and effects, against unreasonable searches and seizures, 
shall not be violated. No warrant shall issue except upon prob¬ 
able cause, supported by oath or affirmation, particularly describ¬ 
ing the place to be searched, or the person or thing to be seized. 

7. No law abridging the freedom of speech, or of the press, 
shall be passed; but the Legislature may, by suitable penalties, 
restrain the publication or sale of obscene books, papers or 
pictures, and provide for the punishment of libel, and defamation 
of character, and for the recovery in civil actions, by the aggrieved 
party, of suitable damages for such libel, or defamation. 

8. In prosecutions, and civil suits for libel, the truth may be 


THE STATE OF WEST VIRGINIA 


281 


given in evidence; and if it shall appear to the jury that the 
matter charged as libellous, is true, and was published with good 
motives, and for justifiable ends, the verdict shall be for the 
defendant. 

9. Private property shall not be taken or damaged for public 
use, without just compensation ; nor shall the same be taken by 
any company, incorporated for the purpose of internal improve¬ 
ments, until just compensation shall have been paid or secured 
to be paid, to the owner; and when private property shall be 
taken, or damaged, for public use, or for the use of such cor¬ 
porations, the compensation to the owner shall be ascertained in 
such manner, as may be prescribed by general law; Provided, 
when required by either of the parties, such compensation shall 
be ascertained by an impartial jury of twelve freeholders. 

10. No person shall be deprived of life, liberty, or property, 
without due process of law, and the judgment of his peers. 

11. Political tests requiring persons, as a pre-requisite to the 
enjoyment of their civil and political rights, to purge them¬ 
selves by their own oaths, of past alleged offenses, are repugnant 
to the principles of free government, and are cruel and oppressive. 
No religious or political test oath shall be required as a pre-req¬ 
uisite or qualification to vote, serve as a juror, sue, plead, appeal, 
or pursue any profession or employment. Nor shall any person 
be deprived by law, of any right, or privilege, because of any act 
done prior to the passage of such law. 

12. Standing armies in time of peace should be avoided as 
dangerous to liberty. The military shall be subordinate to the 
civil power; and no citizen, unless engaged in the military ser¬ 
vice of the State, shall be tried or punished by any military court 
for any offense that is cognizable by the civil courts of the State. 
No soldier shall, in time of peace, be quartered in. any house, 
without the consent of the owner; nor in time of war, except in 
the manner to be prescribed by law. 

13. [As amended — Acts 1879, p. 182.] In suits at common 
law, where the values in controversy exceeds twenty dollars exclu¬ 
sive of interests and costs, the right of trial by jury, if required by 
either party, shall be preserved ; and in such suit before a justice 
a jury may consist of six persons. No fact tried by a jury shall 
be otherwise re-examined in any case than according to the rules 
of the common law. 


282 CONSTITUTION OF WEST VIRGINIA 


14. Trials of crimes, and of misdemeanors, unless herein 
otherwise provided, shall be by a jury of twelve men, public, with¬ 
out unreasonable delay, and in the county where the alleged 
offense was committed, unless upon petition of the accused, and 
for good cause shown, it is removed to some other county. In 
all such trials, the accused shall be fully and plainly informed of 
the character and cause of the accusation, and be confronted with 
the witnesses against him, and shall have the assistance of coun¬ 
sel, and a reasonable time to prepare for his defense; and there 
shall be awarded to him compulsory process for obtaining wit¬ 
nesses in his favor. 

15. No man shall be compelled to frequent or support any re¬ 
ligious worship, place or ministry whatsoever ; nor shall any man 
be enforced, restrained, molested or burthened, in his body or 
goods, or otherwise suffer, on account of his religious opinions or 
belief, but all men shall be free to profess, and by argument, to 
maintain their opinions in matters of religion ; and the same shall, 
in no wise, affect, diminish or enlarge their civil capacities; and 
the legislature shall not prescribe any religious test whatever, or 
confer any peculiar privileges or advantages on any sect or de¬ 
nomination, or pass any law requiring or authorizing any religious 
society, or the people of any district within this State, to levy on 
themselves, or others, any tax for the erection or repair of any 
house for public worship, or for the support of any church or 
ministry, but it shall be left free for every person to select his 
religious instructor, and to make for his support, such private 
contract as he shall please. 

16. The right of the people to assemble in a peaceable manner, 
to consult for the common good, to instruct their representa¬ 
tives, or to apply for redress of grievances, shall be held 
inviolate. . 

17. The courts of this State shall be open, and every person, 
for an injury done to him, in his person, property or reputation, 
shall have remedy by due course of law; and justice shall be 
administered without sale, denial or delay. 

18. No conviction shall work corruption of blood or forfeiture 
of estate. 

19. No hereditary emoluments, honors, or privileges shall ever 
be granted or conferred in this State. 

20. Free government and the blessings of liberty can be pre- 


THE STATE OF WEST VIRGINIA 


283 


served to any people only by a firm adherence to justice, modera¬ 
tion, temperance, frugality and virtue, and by a frequent recurrence 
to fundamental principles. 

ARTICLE IV. 

ELECTIONS AND OFFICERS. 

1. The male citizens of the State shall be entitled to vote at 
all elections held within the counties in which they respectively 
reside; but no person who is a minor, or of unsound mind, or a 
pauper, or who is under conviction of treason, felony, or bribery 
in an election, or who has not been a resident of the State for one 
year, and of the county in which he offers to vote, sixty days 
next preceding such offer, shall be permitted to vote while such 
disability continues; but no person in the military, naval or ma¬ 
rine service of the United States shall be deemed a resident of 
this State by reason of being stationed therein. 

2. In all elections by the people, the mode of voting shall be 
by ballot; but the voter shall be left free to vote by either open, 
sealed or secret ballot, as he may elect. 

3. No voter, during the continuance of an election at which he 
is entitled to vote, or during the time necessary and convenient 
for going to and returning from the same, shall be subject to 
arrest upon civil process, or be compelled to attend any court, or 
judicial proceeding, as suitor, juror or witness; or to work upon 
the public roads ; or, except in time of war or public danger, to 
render military service. 

4. No person, except citizens entitled to vote, shall be elected 
or appointed to any State, county or municipal office; but the 
Governor and Judges must have attained the age of thirty, and 
the Attorney General and Senators the age of twenty-five years, 
at the beginning of their respective terms of service; and must 
have been citizens of the State for five years next preceding their 
election or appointment, or be citizens at the time this Constitu¬ 
tion goes into operation. 

5. Every person elected or appointed to any office, before pro¬ 
ceeding to exercise the authority, or discharge the duties thereof, 
shall make oath or affirmation that he will support the Constitu¬ 
tion of the United States and the Constitution of this State, and 
that he will faithfully discharge the duties of his said office to the 


284 CONSTITUTION OF WEST VIRGINIA 


best of his skill and judgment, and no other oath, declaration, or 
test shall be required as a qualification, unless herein otherwise 
provided. 

6. All officers elected or appointed under this Constitution, 
may, unless in cases herein otherwise provided for, be removed 
from office, for official misconduct, incompetence, neglect of duty, 
or immorality, in such manner as may be prescribed by general 
laws, and unless so removed they shall continue to discharge the 
duties of their respective offices until their successors are elected, 
or appointed and qualified. 

7. [As amended — Acts 1883, p. 137.] The general elections 
of State and county officers, and of members of the Legislature, 
shall be held on the Tuesday next after the first Monday in No¬ 
vember, until otherwise provided by law. The terms of such 
officers not elected, or appointed to fill a vacancy, shall, unless 
herein otherwise provided, begin, on the first day of January; 
and of the members of the legislature, on the first day of Decem¬ 
ber next succeeding their election. Elections to fill vacancies 
shall be for the unexpired term. When vacancies occur prior to 
any general election, they shall be filled by appointments, in such 
manner as may be prescribed herein, or by general law, which 
appointments shall expire at such time after the next general 
election as the person so elected to fill such vacancy shall be 
qualified. 

8. The legislature, in cases not provided for in this Constitu¬ 
tion, shall prescribe, by general laws, the terms of office, powers, 
duties and compensation of all public officers and agents, and the 
manner in which they shall be elected, appointed and removed. 

9. Any officer of the State may be impeached for maladminis¬ 
tration, corruption, incompetency, gross immorality, neglect of 
duty, or any high crime or misdemeanor. The House of Dele¬ 
gates shall have the sole power of impeachment. The Senate shall 
have the sole power to try impeachments, and no person shall be 
convicted without the concurrence of two-thirds of the members 
elected thereto. When sitting as a court of impeachment, the 
President of the Supreme Court of Appeals, or if from any cause 
it be improper for him to act, then any other judge of that court, 
to be designated by it, shall preside; and the Senators shall be 
on oath or affirmation to do justice according to law and evi¬ 
dence. Judgment in cases of impeachment shall not extend 


THE STATE OF WEST VIRGINIA 285 


further than to removal from office, and disqualification to hold 
any office of honor, trust or profit, under the State; but the party 
convicted shall be liable to indictment, trial, judgment and pun¬ 
ishment, according to law. The Senate may sit during the recess 
of the Legislature, for the trial of impeachments. 

10. Any citizen of this State, who shall, after the adoption of 
this Constitution, either in, or out of the State, fight a duel with 
deadly weapons, or send or accept a challenge so to do, or who 
shall act as a second or knowingly aid, or assist in such duel, 
shall, ever thereafter, be incapable of holding any office of honor, 
trust or profit in this State. 

11. The Legislature shall prescribe the manner of conducting 
and making returns of elections, and of determining contested 
elections ; and shall pass such laws as may be necessary and 
proper to prevent intimidation, disorder or violence at the polls, 
and corruption or fraud in voting, counting the vote, ascertaining 
and declaring the result, or fraud in any manner, upon the ballot. 

12. [As amended in 1902, Acts 1901, p. 472.] The Legisla¬ 
ture shall enact proper laws for the registration of all qualified 
voters in this State. 


ARTICLE V. 

DIVISION OF POWERS. 

I. The Legislative, Executive and Judicial Departments shall 
be separate and distinct, so that neither shall exercise the powers 
properly belonging to either of the others; nor shall any per¬ 
son exercise the powers of more than one of them at the same 
time, except that justices of the peace shall be eligible to the 
Legislature. 


ARTICLE VI. 

LEGISLATURE. 

1. The legislative power shall be vested in a Senate and House 
of Delegates. The style of their Acts shall be, “ Be it enacted by 
the Legislature of West Virginia.” 

2. The * Senate shall be composed of twenty-four, and the 

* The Senate now consists of 30 and the House of Delegates of 86 mem¬ 
bers ; see Acts 1901, chap. 10. 


286 CONSTITUTION OF WEST VIRGINIA 


House of Delegates of sixty-five members, subject to be increased 
according to the provisions hereinafter contained. 

3. Senators shall be elected for the term of four years and 
Delegates for the term of two years. The Senators first elected, 
shall divide themselves into two classes, one Senator from every 
district being assigned to each class; and of these classes, the 
first to be designated by lot in such manner as the Senate may 
determine, shall hold their seats for two years; and the second 
for four years, so that after the first election, one-half of the Sena¬ 
tors shall be elected biennially. 

4. For the election of Senators, the State shall be divided into 
twelve * Senatorial Districts, which number shall not be dimin¬ 
ished, but may be increased as hereinafter provided. Every dis¬ 
trict shall elect two Senators, but where the district is composed 
of more than one county, both shall not be chosen from the same 
county. The districts shall be compact, formed of contiguous 
territory, bounded by county lines, and, as nearly as practicable, 
equal in population, to be ascertained by the census of the United 
States. After every such census, the Legislature shall alter the 
Senatorial Districts, so far as may be necessary to make them 
conform to the foregoing provision. 

5. Until the Senatorial f Districts shall be altered by the Leg¬ 
islature as herein prescribed, the counties of Hancock, Brooke 
and Ohio shall constitute the first Senatorial District; Marshall, 
Wetzel and Marion, the second ; Ritchie, Doddridge, Harrison, 
Gilmer and Calhoun, the third; Tyler, Pleasants, Wood and 
Wirt, the fourth ; Jackson, Mason, Putnam and Roane, the fifth ; 
Kanawha, Clay, Nicholas, Braxton and Webster, the sixth ; Ca¬ 
bell, Wayne, Lincoln, Boone, Logan, Wyoming, McDowell and 
Mercer, the seventh ; Monroe, Greenbrier, Summers, Pocahontas, 
Fayette and Raleigh, the eighth ; Lewis, Randolph, Upshur, Bar¬ 
bour, Taylor and Tucker, the ninth ; Preston and Monongalia, 
the tenth ; Hampshire, Mineral, Hardy, Grant and Pendleton, the 
eleventh ; Berkeley, Morgan and Jefferson, the twelfth. 

6. For the election of Delegates, every county containing a 
population of not less than three-fifths of the ratio of representa- 

* The Senate now consists of 30 and the House of Delegates of 86 mem¬ 
bers; see Acts 1901, chap. 10. 

t There are now fifteen senatorial districts — see Acts 1901, chap. 10. 


THE STATE OF WEST VIRGHV/A 287 


tion for the House of Delegates, shall, at each apportionment, be 
attached to some contiguous county or counties, to form a * Dele¬ 
gate District. 

7. After every census the Delegates shall be apportioned as 
follows : The ratio of representation for the House of Delegates 
shall be ascertained by dividing the whole population of the State 
by the number of which the House is to consist and rejecting the 
fraction of a unit, if any, resulting from such division. Dividing 
the population of every Delegate District, and of every county 
not included in a Delegate District, by the ratio thus ascertained, 
there shall be assigned to each a number of Delegates equal to 
the quotient obtained by this division, excluding the fractional 
remainder. The additional Delegates necessary to make up the 
number of which the House is to consist, shall then be assigned 
to those Delegate Districts, and counties not included in a Dele¬ 
gate District, which would otherwise have the largest fractions 
unrepresented ; but every Delegate District and county not in¬ 
cluded in a Delegate District, shall be entitled to at least one 
Delegate. 

8. Until a new apportionment shall be declared, the counties 
of Pleasants and Wood shall form the first Delegate District, and 
elect three Delegates ; Ritchie and Calhoun the second, and elect 
two Delegates ; Barbour, Harrison and Taylor the third, and elect 
one Delegate; Randolph and Tucker the fourth, and elect one 
Delegate; Nicholas, Clay and Webster the fifth, and elect one 
Delegate ; McDowell and Wyoming the sixth, and elect one Dele¬ 
gate. 

9. Until a new apportionment shall be declared the apportion¬ 
ment of Delegates to the counties not included in Delegate Dis¬ 
tricts, and to Barbour, Harrison and Taylor counties, embraced 
in such Districts, shall be as follows: 

To Barbour, Boone, Braxton, Brooke, Cabell, Doddridge, Fay¬ 
ette, Hampshire, Hancock, Jackson, Lewis, Logan, Greenbrier, 
Monroe, Mercer, Mineral, Morgan, Grant, Hardy, Lincoln, Pen¬ 
dleton, Putnam, Roane, Gilmer, Taylor, Tyler, Upshur, Wayne, 
Wetzel, Wirt, Pocahontas, Summers and Raleigh counties, one 
Delegate each. 

* Since 1901 there have been no delegate districts; each county has at 
least one delegate; see Acts 1901, chap. 10. 


288 CONSTITUTION OF WEST VIRGINIA 


To Berkeley, Harrison, Jefferson, Marion, Marshall, Mason, 
Monongalia and Preston counties two Delegates each. 

To Kanawha county, three Delegates. 

To Ohio county, four Delegates. 

10. The arrangement of the Senatorial and Delegate Districts, 
and apportionment of Delegates, shall hereafter be declared by 
law, as soon as possible after each succeeding census, taken by 
authority of the United States. When so declared they shall 
apply to the first general election for members of the Legislature, 
to be thereafter held, and shall continue in force unchanged, until 
such Districts shall be altered, and Delegates apportioned, under 
the succeeding census. 

11. Additional territory may be admitted into, and become 
part of this State, with the consent of the Legislature and a 
majority of the qualified voters of the State, voting on the ques¬ 
tion. And in such case provision shall be made by law for the 
representation thereof in the Senate and House of Delegates, in 
conformity with the principles set forth in this Constitution. And 
the number of members of which each house of the Legislature is 
to consist, shall thereafter be increased by the representation 
assigned to such additional territory. 

12. No person shall be a Senator or Delegate who has not for 
one year next preceding his election, been a resident within the 
District or county from which he is elected; and if a Senator or 
Delegate remove from the District or county for which he was 
elected, his seat shall be thereby vacated. 

13. No person holding a lucrative office under this State, the 
United States, or any foreign government; no member of Con¬ 
gress ; no person who is a salaried officer of any railroad com¬ 
pany, or who is sheriff, constable, or clerk of any court of record, 
shall be eligible to a seat in the Legislature. 

14. No person who has been, or hereafter shall be convicted of 
bribery, perjury, or other infamous crime, shall be eligible to a 
seat in the Legislature. No person who may have collected or 
been entrusted with public money, whether State, county, town¬ 
ship, district, or other municipal organization, shall be eligible to 
the Legislature, or to any office of honor, trust or profit in this 
State until he shall have duly accounted for and paid over such 
money according to law. 

15. No Senator or Delegate, during the term for which he shall 


THE STATE OF WEST VIRGINIA 289 


have been elected, shall be elected or appointed to any civil office 
of profit under this State, which has been created, or the emolu¬ 
ments of which have been increased during such term, except 
offices to be filled by election by the people. Nor shall any 
member of the Legislature be interested, directly or indirectly, 
in any contract with the State, or any county thereof, authorized 
by any law passed during the term for which he shall have been 
elected. 

16. Members of the Legislature, before they enter upon their 
duties, shall take and subscribe the following oath or affirmation: 
“I do solemnly swear (or affirm) that I will support the Con¬ 
stitution of the United States, and the Constitution of the State 
of West Virginia, and faithfully discharge the duties of Senator 
(or Delegate) according to the best of my ability; ” and they 
shall also take this further oath, to-wit: “ I will not accept or 
receive, directly or indirectly, any money or other valuable thing, 
from any corporation, company, or person, for any vote or influ¬ 
ence I may give or withhold, as Senator (or Delegate), or any 
bill, resolution or appropriation, or for any act I may do or perform 
as Senator (or Delegate).” These oaths shall be administered 
in the hall of the house to which the member is elected, by a Judge 
of the Supreme Court of Appeals, or of a Circuit Court, or by any 
other person authorized by law to administer an oath; and the 
Secretary of State shall record and file said oaths subscribed by 
each member; and no other oath or declaration shall be required 
as a qualification. Any member who shall refuse to take the oath 
herein prescribed, shall forfeit his seat; and any member who 
shall be convicted of having violated the oath last above required 
to be taken, shall forfeit his seat and be disqualified thereafter 
from holding any office of profit and trust in this State. 

17. Members of the Legislature shall, in all cases except trea¬ 
son, felony, and breach of the peace, be privileged from arrest 
during the session, and for ten days before and after the same; 
and for words spoken in debate, or any report, motion or propo¬ 
sition made in either house, a member shall not be questioned in • 
any other place. 

18. The Legislature shall assemble at the seat of Government 
biennially and not oftener, unless convened by the Governor. 
The first session of the Legislature, after the adoption of this 
Constitution, shall commence on the third Tuesday of November, 

Pet. C. Go.— 19 


290 CONSTITUTION OF WEST VIRGINIA 


1872, and the regular biennial session of the Legislature shall com¬ 
mence on the second Wednesday of January, 1875, every 
two years thereafter, on the same day. 

19. The Governor may convene the Legislature by proclama¬ 
tion whenever, in his opinion, the public safety or welfare shall 
require it. It shall be his duty to convene it, on application in 
writing, of three-fifths of the members elected to each House. 

20. The seat of Government shall be at Charleston, until 
otherwise provided by law. 

21. The Governor may convene the Legislature at another 
place, when, in his opinion, it can not safely assemble at the seat 
of Government, and the Legislature may, when in session, ad¬ 
journ to some other place, when in its opinion, the public safety 
or welfare, or the safety of the members, or their health shall 
require it. 

22. No session of the Legislature, after the first, shall con¬ 
tinue longer than forty-five days, without the concurrence of two- 
thirds of the members elected to each House. 

23. Neither House shall, during the session, adjourn for more 
than three days, without the consent of the other. Nor shall 
either, without such consent, adjourn, to any other place than that 
in which the Legislature is sitting. 

24. A majority of the members elected to each House of the 
Legislature, shall constitute a quorum. But a smaller number 
may adjourn from day to day and shall be authorized to compel 
the attendance of absent members, as each House may provide. 
Each House shall determine the rules of its proceedings and be 
the judge of the elections, returns and qualifications of its own 
members. The Senate shall choose, from its own body, a Presi¬ 
dent ; and the House of Delegates, from its own body, a Speaker. 
Each House shall appoint its own officers, and remove them at 
pleasure. The oldest Delegate present shall call the House to 
order, at the opening of each new house of Delegates, and preside 
over it until the Speaker thereof shall have been chosen, and have 
taken his seat. The oldest member of the Senate present at the 
commencement of each regular session thereof, shall call the 
Senate to order, and preside over the same until a President of 
the Senate shall have been chosen and have taken his seat. 

25. Each House may punish its own members for disorderly 
behavior, and with the concurrence of two-thirds of the members 


THE STATE OF WEST V/RG/N/A 


291 


elected thereto, expel a member, but not twice for the same 
offense. 

26. Each House shall have power to provide for its own safety, 
and the undisturbed transaction of its business, and may punish 
by imprisonment, any person not a member, for disrespectful 
behavior in its presence; for obstructing any of its proceedings, 
or of its officers in the discharge of his duties, or for any assault, 
threat or abuse of a member, for words spoken in debate. But 
such imprisonment shall not extend beyond the termination of 
the session, and shall not prevent the punishment of any offense, 
by the ordinary course of law. 

27. Laws shall be enacted and enforced, by suitable provisions 
and penalties requiring sheriffs, and all other officers, whether 
State, county, district or municipal, who shall collect or receive, or 
whose official duty it is, or shall be, to collect, receive, hold or pay 
out any money belonging to, or which is, or shall be, for the use 
of the State or of any county, district, or municipal corporation, 
to make annual account and settlement therefor. Such settle¬ 
ment, when made, shall be subject to exceptions, and take such 
direction, and have only such force and effect, as may be pro¬ 
vided by law; but in all cases, such settlement shall be recorded, 
and be open to the examination of the people at such convenient 
place or places as may be appointed by law. 

28. Bills and resolutions may originate in either House, but 
may be passed, amended or rejected by the other. 

29. No bill shall become a law until it has been fully and 
distinctly read, on three different days, in each House, unless, in 
case of urgency, by a vote of four-fifths of the members present, 
taken by yeas and nays on each bill, this rule be dispensed with; 
Provided^ in all cases, that an engrossed bill shall be fully and 
distinctly read in each House. 

30. No act hereafter passed shall embrace more than one 
object, and that shall be expressed in the title. But if any 
object shall be embraced in an act which is not so expressed, the 
act shall be void only as to so much thereof as shall not be ex¬ 
pressed, and no law shall be revived, or amended, by reference to 
its title only; but the law revived, or the section amended, shall 
be inserted at large, in the new act. And no act of the Legisla¬ 
ture, except such as may be passed at the first session under this 
Constitution, shall take effect until the expiration of ninety days 


292 


CONSTITUTION OF WEST VIRGINIA 


after its passage, unless the Legislature shall by a vote of two- 
thirds of the members elected to each House, taken by yeas and 
nays, otherwise direct. 

31. When a bill or joint resolution passed by one House, shall 
be amended by the other, the question on agreeing to the bill, or 
joint resolution, as amended, shall be again voted on, by yeas 
and nays, in the House by which it was originally passed, and 
the result entered upon its journals ; in all such cases the affirma¬ 
tive vote of a majority of all the members elected to such House 
shall be necessary. 

32. Whenever the words, “ a majority of the members elected 
to either House of the Legislature,” or words of like import, are 
used in this Constitution, they shall be construed to mean a 
majority of the whole number of members to which each House 
is, at the time, entitled, under the apportionment of representa¬ 
tion, established by the provisions of this Constitution. 

33. The members of the Legislature shall each receive for 
their services the sum of four dollars per day and ten cents for 
each mile traveled in going to and returning from the seat of 
government by the most direct route. The Speaker of the House 
of Delegates and the President of the Senate, shall each receive 
an additional compensation of two dollars per day for each day 
they shall act as presiding officers. No other allowance or emolu¬ 
ment than that by this section provided shall directly or in¬ 
directly be made or paid to the members of either House for 
postage, stationery, newspapers, or any other purpose what¬ 
ever. 

34. The Legislature shall provide by law that the fuel, station¬ 
ery and printing paper, furnished for the use of the State; the 
copying, printing, binding and distributing the laws and journals ; 
and all other printing ordered by the Legislature, shall be let by 
contract to the lowest responsible bidder, bidding under a maxi¬ 
mum price to be fixed by the Legislature; and no member or 
officer thereof, or officer of the State, shall be interested, directly 
or indirectly, in such contract, but all such contracts shall be 
subject to the approval of the Governor, and in case of his dis¬ 
approval of any such contract, there shall be a reletting of the 
same in the manner prescribed by law. 

35. The State of West Virginia shall never be made defendant 
in any court of law or equity. 


THE STATE OF WEST V/RGINIA 


293 


36. The Legislature shall have no power to authorize lotteries 
or gift enterprises for any purpose, and shall pass laws to pro¬ 
hibit the sale of lottery or gift enterprise tickets in this State. 

37. No law shall be passed after the election of any public 
officer, which shall operate to extend the term of his office. 

.38. No extra compensation shall be granted or allowed to any 
public officer, agent, servant or contractor, after the services shall 
have been rendered or the contract made ; nor shall any Legisla¬ 
ture authorize the payment of any claim or part thereof, hereafter 
created against the State, under any agreement or contract made, 
without express authority of law; and all such unauthorized 
agreements shall be null and void. Nor shall the salary of any 
public officer be increased or diminished during his term of office, 
nor shall any such officer, or his or their sureties be released from 
any debt or liability due the State; Provided^ The Legislature 
may make appropriations for expenditures hereafter incurred in 
suppressing insurrection, or repelling invasion. 

• 39. The Legislature shall not pass local or special laws in any 
of the following enumerated cases ; that is to say for; 

Granting divorces; 

Laying out, opening, altering and working roads or highways ; 

Vacating roads, town plats, streets, alleys and public grounds; 

Locating or changing county seats ; 

Regulating or changing county or district affairs ; 

Providing for the sale of church property, or property held for 
charitable uses; 

Regulating the practice in courts of justice; 

Incorporating cities, towns or villages, or amending the charter 
of any city, town or village, containing a population of less than 
two thousand; 

Summoning or impaneling grand or petit juries ; 

The opening or conducting of any election, or designating the 
place of voting; 

The sale and mortgage of real estate belonging to minors, or 
others under disability; 

Chartering, licensing, or establishing ferries or toll bridges; 

Remitting fines, penalties or forfeitures ; 

Changi/ig the laws of descent; 

Regulating the rates of interest; 

Authorizing deeds to be made for land sold for taxes ; 


CONSTITUTION' OF WEST VIRGINIA 


Releasing taxes; 

Releasing title to forfeited lands. 

The Legislature shall provide, by general laws, for the fore¬ 
going and all other cases for which provision can be made; and 
in no case shall a special act be passed, where a general law 
would be proper, and can be made applicable to the case, nor in 
any other case in which the courts have jurisdiction, and are com¬ 
petent to give the relief asked for. 

40. The Legislature shall not confer upon any court, or judge, 
the power of appointment to office, further than the same is herein 
provided for. 

41. Each House shall keep a journal of its proceedings, and 
cause the same to be published from time to time, and all bills 
and joint resolutions shall be described therein, as well by their 
title as their number, and the ayes and nays on any question, if 
called for by one-tenth of those present, shall be entered on the 
journal. 

42. Bills making appropriations for the pay of members and 
officers of the Legislature, and for salaries for the officers of the 
Government, shall contain no provision on any other subject. 

*43. The Legislature shall never authorize or establish any 
board or court of registration of voters. 

44. In all elections to office which may hereafter take place in 
the Legislature, or in any county, or municipal body, the vote 
shall be viva voce^ and be entered on its journals. 

45. It shall be the duty of the Legislature, at its first session 
after the adoption of this Constitution, to provide, by law, for the 
punishment by imprisonment in the penitentiary, of any person 
who shall bribe, or attempt to bribe, any executive or judicial 
officer of this State, or any member of the Legislature in order to 
influence him, in the performance of any of his official or public 
duties; and also to provide by law for the punishment by im¬ 
prisonment in the penitentiary of any of said officers, or any 
member of the Legislature, who shall demand, or receive, from 
any corporation, company, or person, any money, testimonial, or 
other valuable thing, for the performance of his official or public 
duties, or for refusing or failing to perform the same, or for any 
vote or influence a member of the Legislature may give or with- 


Repealed by amendment to Article IV., Section 12. 


THE STATE OF WEST VIRG/NIA 


295 


hold as such member, and also to provide by law for compelling 
any person, so bribing or attempting to bribe, or so demanding 
or receiving a bribe, fee, reward, or testimonial, to testify against 
any person or persons, who may have committed any of said of¬ 
fenses ; Provided, That any person so compelled to testify, shall 
be exempted from trial and punishment for the offense of which 
he may have been guilty, and concerning which he is compelled 
to testify ; and any person convicted of any of the offenses speci¬ 
fied in this section shall, as a part of the punishment thereof, be 
forever disqualified from holding any office or position of honor, 
trust, or profit in this State. 

46. Laws may be passed regulating or prohibiting the sale of 
intoxicating liquors within the limits of this State. 

47. No charter of incorporation shall be granted to any church 
or religious denomination. Provision may be made by general 
laws for securing the title to church property, and for the sale and 
transfer thereof, so that it shall be held, used, or transferred for 
the purpose of such church or religious denomination. 

48. Any husband or parent, residing in this State, or the in¬ 
fant children of deceased parents, may hold a homestead of the 
value of one thousand dollars and personal property to the value 
of two hundred dollars, exempt from forced sale subject to such 
regulations as shall be prescribed by law. Provided, That such 
homestead exemption shall in no wise affect debts or liabilities 
existing at the time of the adoption of this Constitution; and 
provided further. That no property shall be exempt from sale 
for taxes due thereon, or for the payment of purchase money due 
upon said property, or for debts contracted for the erection of 
improvements thereon. 

49. The Legislature shall pass such laws as may be necessary 
to protect the property of married women from the debts, liabili¬ 
ties and control of their husbands. 

50. The Legislature may provide for submitting to a vote of 
the people at the general election to be held in 1876, or at any 
general election thereafter, a plan or scheme of proportional rep¬ 
resentation in the Senate of this State ; and if a majority of the 
votes cast at such election be in favor of the plan submitted to 
them, the Legislature shall, at its session succeeding such election, 
rearrange the Senatorial Districts in accordance with the plan so 
approved by the people. 


296 CONSTITUTION OF WEST VIRGINIA 


^ ARTICLE VII. 

EXECUTIVE DEPARTMENT. 

1. The Executive Department shall consist of a Governor, 
Secretary of State, State Superintendent of Free Schools, Audi¬ 
tor, Treasurer and Attorney-General, who shall be ex-officio^ Re¬ 
porter of the Court of Appeals. Their terms of office, respectively, 
shall be four years, and shall commence on the fourth day of 
March, next after their election. They shall, except the Attorney- 
General, reside at the seat of government during their term 
of office, and keep there the public records, books and papers 
pertaining to their respective offices and shall perform such duties 
as may be prescribed by law. 

ELECTION. 

2. [As amended in 1902, Acts 1901, p. 459.] An election for 
governor, secretary of state, state superintendent of free schools, 
auditor, treasurer and attorney-general, shall be held at such times 
and places as may be prescribed by law. 

3. [As amended in 1902, Acts 1901, p. 459.] The returns of 
every election for the above-named officers shall be so sealed up 
and transmitted by the returning officers to the secretary of state, 
directed to the speaker of the house of delegates, who shall im¬ 
mediately after the organization of the house, and before proceed¬ 
ing to business, open and publish the same, in the presence of a 
majority of each house of the legislature, which shall for that pur¬ 
pose assemble in the hall of the house of delegates. The person 
having the highest number of votes for either of said offices, shall 
be declared duly elected thereto; but if two or more have an 
equal and the highest number of votes for the same office, the 
Legislature shall, by joint vote, choose one of such persons for 
said office. Contested elections for the office of Governor shall 
be determined by both houses of the Legislature by joint vote, in 
such manner as may be prescribed by law. 

ELIGIBILITY. 

4. [As amended in 1902, Acts 1901, p. 459.] None of the 
executive officers mentioned in this article shall hold any other 
office during the term of his service. The Governor shall not be 


THE STATE OF WEST V/RGINIA 


297 

eligible to said office for the four years next succeeding the term 
for which he was elected. 

5. The chief executive power shall be vested in the Governor, 
who shall take care that the laws be faithfully executed. 

6. The Governor shall at the commencement of each session 
give to the Legislature information by message of the condition 
of the State, and shall recommend such measures as he shall 
deem expedient. He shall accompany his message with a state¬ 
ment of all money received and paid out by him, from any funds, 
subject to his order with vouchers therefor ; and at the com¬ 
mencement of each regular session present estimates of the 
amount of money required by taxation for all purposes. 

7. The Governor may, on extraordinary occasions, convene at 
his own instance, the Legislature; but when so convened it shall 
enter upon no business except that stated in the proclamation by 
which it was called together. 

8. The Governor shall nominate, and by and with the advice 
and consent of the Senate (a majority of all the Senators elected 
concurring by yeas and nays), appoint all officers whose offices 
are established by this Constitution, or shall be created by law, 
and whose appointment or election is not otherwise provided 
for; and no such officers shall be appointed or elected by the 
Legislature. 

9. In case of a vacancy, during the recess of the Senate, in 
any office which is not elective, the Governor shall, by appoint¬ 
ment, fill such vacancy, until the next meeting of the Senate, 
when he shall make a nomination for such office, and the person 
so nominated, when confirmed by the Senate (a majority of all 
the Senators elected concurring by yeas and nays), shall hold his 
office during the remainder of the term, and until his successor 
shall be appointed and qualified. No person, after being rejected 
by the Senate, shall be again nominated for the same office, during 
the same session, unless at the request of the Senate; nor shall 
such person be appointed to the same office during the recess of 
the Senate. 

10. The Governor shall have power to remove any officer 
whom he may appoint, in case of incompetency, neglect of duty, 
gross immorality, or malfeasance in o'ffice; and he may declare 
his office vacant and fill the same as herein provided in other 
cases of vacancy. 


298 CONSTITUTION OF WEST VIRGINIA 


11. The Governor shall have power to remit fines and penalties 
in such cases and under such regulations as may be prescribed 
by law; to commute capital punishment and, except where the 
prosecution has been carried on by the House of Delegates, to 
grant reprieves and pardons after conviction; but he shall com¬ 
municate to the Legislature at each session the particulars of 
every case of fine or penalty remitted, of punishment commuted 
and of reprieve or pardon granted, with his reasons therefor. 

12. The Governor shall be commander-in-chief of the military 
forces of the State (except when they shall be called into the 
service of the United States), and may call out the same to exe¬ 
cute the laws, suppress insurrection and repel invasion. 

13. When any State officer has executed his official bond, the 
Governor shall, for such causes and in such manner as the Legis¬ 
lature may direct, require of such officer reasonable additional 
security; and if the security is not given as required his office 
shall be declared vacant, in such manner as may be provided 
by law. 

14. Every bill passed by the Legislature shall, before it be¬ 
comes a law, be presented to the Governor. If he approves he 
shall sign it, and thereupon it shall become a law ; but if not, he 
shall return it, with his objections, to the House in which it origi¬ 
nated, which House shall enter the objections at large upon its 
journal, and proceed to reconsider it. If, after such reconsidera¬ 
tion, a majority of the members elected to that House, agree to 
pass the bill, it shall be sent, together with the objections, to the 
other House, by which it shall, likewise, be reconsidered, and if 
approved by a majority of the members elected to that House it 
shall become a law, notwithstanding the objections of the Gov¬ 
ernor. But in all such cases the vote of each House shall be 
determined by yeas and nays to be entered on the journal. Any 
bill which shall not be returned by the Governor within five 
days (Sunday excepted), after it shall have been presented to 
him, shall be a law, in like manner as if he had signed it, unless 
the Legislature shall, by their adjournment prevent its return, in 
which case it shall be filed with its objections, in the office of the 
Secretary of State, within five days after such adjournment, or 
become a law. 

15. Every bill passed by the Legislature making appropria¬ 
tions of money, embracing distinct items, shall before it becomes 


THE STATE OF WEST VIRG/NIA 


299 


a law, be presented to the Governor; if he disapprove the bill 
or any item or appropriation therein contained, he shall communi¬ 
cate such disapproval with his reasons therefor to the House in 
which the bill originated; but all items not disapproved shall 
have the force and effect of law according to the original pro¬ 
visions of the bill. Any item or items so disapproved shall be 
void, unless repassed by a majority of each House according to 
the rules and limitations prescribed in the preceding section in 
reference to other bills. 

16. In case of the death, conviction on impeachment, failure 
to qualify, resignation, or other disability of the Governor, the 
President of the Senate shall act as Governor until the vacancy is 
filled, or the disability removed ; and if the President of the Sen¬ 
ate, for any of the above-named causes, shall become incapable 
of performing the duties of Governor, the same shall devolve 
upon the Speaker of the House of Delegates; and in all other 
cases where there is no one to act as Governor, one shall be 
chosen by joint vote of the Legislature. Whenever a vacancy 
shall occur in the office of Governor before the first three years 
of the term shall have expired, a new election for Governor shall 
take place to fill the vacancy. 

17. [As amended in 1902, Acts 1901, p. 459.] If the office 
of secretary of state, auditor, treasurer, state superintendent of 
free schools,^ or attorney-general, shall become vacant by death, 
resignation or otherwise, it shall be the duty of the governor to 
fill the same by appointment, and the appointee shall hold his 
office until his successor shall be elected and qualified in such 
manner as may be prescribed by law. The subordinate officers 
of the executive department and the officers of all public institu¬ 
tions of the State shall keep an account of all moneys received 
or disbursed by them, respectively, from all sources, and for every 
service performed, and make a semi-annual report thereof to the 
Governor under oath or affirmation; and any officer who shall 
willfully make a false report shall be deemed guilty of perjury. 

18. The subordinate officers of the Executive Department and 
the officers of all the public institutions of the State, shall, at least 
ten days preceeding each regular session of the Legislature, 
severally report to the Governor, who shall transmit such report 
to the Legislature; and the Governor may at any time require 
information in writing, under oath, from the officers of his depart- 


300 CONSTITUTION OF WEST VIRGINIA 

ment, and all officers and managers of State institutions, upon 
any subject relating to the condition, management and expenses 
of the respective offices. 

19. [As amended in 1902, Acts 1901, p. 459 -] 
officers named in this article shall receive for their services a 
salary to be established by * law, which shall not be increased or 
diminished during their official terms, and they shall not, after 
the expiration of the terms of those in office at the adoption of 
this amendment, receive to their own use any fees, costs, perqui¬ 
sites of office or other compensation, and all fees that may here¬ 
after be payable by law, for any service performed by any officer 
provided for in this article of the constitution, shall be paid in 
advance into the State treasury. 


ARTICLE VIII. 

(As amended — see Acts 1879, p. 176.) 

JUDICIAL DEPARTMENT. 

I. The judicial power of the State shall be vested in a supreme 
court of appeals, in circuit courts and the judges thereof, in such 
inferior tribunals as are herein authorized and in justices of the 
peace. 


SUPREME COURT OF APPEALS. 

2. The supreme court of appeals shall consist of f four judges, 
any three of whom shall be a quorum for the transaction of busi¬ 
ness. They shall be elected by the voters of the State and hold 
their office for the term of twelve years, unless sooner removed in 
the manner prescribed by this constitution, except that the judges 
in office when this article takes effect shall remain therein until 
the expiration of their present term of office. 

* Salaries fixed by chap. 2:? of Acts 1903 as follows: Governor $5000, 
Secretary of State ^4000, State Superintendent of Free Schools $3000, 
Treasurer ^2500, Auditor ^4500, Attorney-General $2500. 

t Now five judges—see The Judicial Amendment, and Acts 1903. 
chap. 19. 


THE STATE OF WEST V/RGINIA 


301 


3. It shall have original jurisdiction in cases of habeas corpus^ 
mandatmis^ and prohibition. It shall have appellate jurisdiction 
in civil cases where the matter in controversy, exclusive of costs, 
is of greater value or amount than one hundred dollars; in con¬ 
troversies concerning the title of boundaries of land, the probate 
of wills, the appointment or qualification of a personal represen¬ 
tative, guardian, committee or curator, or concerning a mill, road¬ 
way, ferry or landing: or the right of a corporation or county to 
levy tolls or taxes; and also in cases of quo warraftto, habeas 
corpus^ rnanda 7 nus^ certiorari and prohibition, and in cases in¬ 
volving freedom or the constitutionality of a law. It shall have 
appellate jurisdiction in criminal cases where there has been a 
conviction for felony or misdemeanor in a circuit court, and where 
a conviction has been had in any inferior court, and been affirmed 
in a circuit court, and in cases relating to the public revenue, the 
right of appeal shall belong to the State as well as the defendant, 
and such other appellate jurisdiction, in both civil and criminal 
cases, as may be prescribed by law. 

4. No decision rendered by the supreme court of appeals shall 
be considered as binding authority upon any of the inferior courts 
of this State, except in the particular case decided, unless 
such decision is concurred in by at least three judges of said 
court. 

5. When a judgment or decree is reversed or affirmed by 
the supreme court of appeals, every point fairly arising upon the 
record of the case shall be considered and decided ; and the 
reasons therefor shall be concisely stated in writing and preserved 
with the record of the case, and it shall be the duty of the court 
to prepare a syllabus of the points adjudicated in such case con¬ 
curred in by three of the judges thereof, which shall be prefixed 
to the published report of the case. 

6. A writ of error, supersedeas^ or appeal shall be allowed only 
by the supreme court of appeals, or a judge thereof, upon a peti¬ 
tion assigning error in the judgment or proceedings in the inferior 
court and then only after said court or judge shall have examined 
or considered the record and assignment of errors, and is satisfied 
that there is error in the same, or that it presents a point proper 
for the consideration of the supreme court of appeals. 

7. If from any cause a vacancy shall occur in the supreme 
court of appeals the Governor shall issue a writ of election to fill 


302 CONSTITUTIOiV OF IVEST V/RG/JV/A 


such vacancy at the next general election for the residue of the 
term, and in the meantime he shall fill such vacancy by appoint¬ 
ment until a judge is elected and qualified. But if the unexpired 
term be less than two years the Governor shall fill such vacancy 
by appointment for the unexpired term. 

8. The officers of the supreme court of appeals, except the 
reporter, shall be appointed by the court, or in vacation by the 
judges thereof, with the power of removal; their duties and com¬ 
pensation shall be prescribed by law. 

9. There shall be at least two terms of the supreme court of 
appeals held annually at such times and places as may be prescribed 
by law. 


CIRCUIT COURTS. 

10. The State shall be divided into * thirteen circuits. For 
the circuit hereinafter called the first, two judges shall be elected, 
and for each of the other circuits one judge shall be elected by the 
voters thereof. Each of the judges so elected shall hold his office 
for the term of eight years unless sooner removed in the manner 
prescribed in this Constitution. The judges of the circuit courts 
in office when this article takes effect shall remain therein until the 
expiration of the term for which they have been elected in the 
circuits in which they may respectively reside, unless sooner re¬ 
moved as aforesaid. A vacancy in the office of a judge of the cir¬ 
cuit court shall be filled in the same manner as is provided for in 
the case of a vacancy in the office of a judge of the supreme court 
of appeals. During his continuance in office the judge of a circuit 
court shall reside in the circuit of which he is judge. The busi¬ 
ness of the first circuit may be apportioned between the judges 
thereof, and such judges may hold courts in the same county or 
in different counties within the circuit at the same time or at dif¬ 
ferent times as may be prescribed by law. 

11. A circuit court shall be held in every county in the State 
at least three times in each year, and provisions may be made by 
law for holding special terms of said court. A judge of any cir¬ 
cuit may hold the courts in another circuit. 

12. The circuit court shall have the supervision and control of 


* Now eighteen — see Acts 1903, chap. 20. 


THE STATE OF WEST VIRGHSTIA 


303 


all proceedings before justices and other inferior tribunals, by 
7 nanda 7 nus^ prohibition and certiorari. They shall, except in 
cases confined exclusively by this constitution to some other tri¬ 
bunal, have original and general jurisdiction of all matters at law 
where the amount in controversy, exclusive of interest, exceeds 
fifty dollars ; of all cases of habeas corpus, 77 ta 7 tda 77 ius, q 7 io war¬ 
ranto and prohibition; and of all cases in equity, and of all 
crimes and misdemeanors. They shall have appellate jurisdic¬ 
tion in all cases, civil and criminal, where an appeal, writ of error 
or supersedeas may be allowed to the judgment or proceedings of 
any inferior tribunal. They shall also have such other jurisdic¬ 
tion, whether supervisory, original, appellate or concurrent, as is 
or may be prescribed by law. 

13. Until otherwise provided by law, the State shall be divided 
into the following * circuits: The counties of Brooke, Hancock, 
Ohio, and Marshall shall constitute the first circuit; the counties 
of Monongalia, Marion and Harrison, the second; the counties 
of Preston, Taylor, Barbour, Tucker and Randolph, the third; 
the counties of Wetzel, Tyler, Ritchie and Doddridge, the fourth ; 
the counties of Wood, Wirt and Pleasants, the fifth ; the coun¬ 
ties of Clay, Gilmer, Jackson, Roane and Calhoun, the sixth; 
the counties of Putnam, Kanawha and Mason, the seventh ; the 
counties of Cabell, Wayne, Lincoln and Logan, the eighth; the 
counties* of McDowell, Mercer, Raleigh, Wyoming and Boone, 
the ninth ; the counties of Greenbrier, Monroe, Summers, Fay¬ 
ette and Pocahontas, the tenth; the counties of Upshur, Lewis, 
Braxton, Nicholas and Webster, the eleventh ; the counties of 
Grant, Hardy, Hampshire, Mineral and Pendleton, the twelfth; 
the counties of Jefferson, Berkeley and Morgan, the thirteenth. 

14. The Legislature may re-arrange the circuits herein pro¬ 
vided for at any session thereof, next preceding any general elec¬ 
tion of the judges of said circuits, and after the year one thousand 
eight hundred and eighty-eight, may, at any such session, increase 
or diminish the number thereof. 

15. The Legislature shall provide by law for holding regular 
and special terms of the circuit courts, where from any cause the 
judge shall fail to attend, or, if in attendance, cannot properly 
preside. 

* Circuits have been changed and increased to eighteen. — Acts 1903, 
chap. 20. 


304 CONSTITUTION OF WEST VIRGINIA 


GENERAL PROVISIONS. 

16. AH judges shall be commissioned by the Governor. The 
* salary of a judge of the supreme court of appeals shall be two 
thousand two hundred dollars per annum, and that of a judge of the 
circuit court shall be one thousand eight hundred dollars perannum ; 
and each shall receive the same mileage as members of the Leg¬ 
islature ; Providedj that Ohio county may pay an additional sum 
per annum to the judges of the circuit court thereof; but such 
allowance shall not be increased or diminished during the term 
of office of the judges to whom it may have been made. No 
judge, during his term of office, shall practice the profession of 
law or hold any other office, appointment or public trust, under 
this or any other government, and the acceptance thereof shall 
vacate his judicial office. Nor shall he during his continuance 
therein, be eligible to any political office. 

17. Judges may be removed from office by a concurrent vote 
of both houses of the Legislature, when from age, disease, mental 
or bodily infirmity or intemperance, they are incapable of dis¬ 
charging the duties of their office. But two-thirds of all the 
members elected to each House must concur in such vote, and 
the cause of removal shall be entered upon the journal of each 
house. The judge against whom the Legislature may be about 
to proceed shall receive notice thereof, accompanied with the 
cause alleged for his removal, at least twenty days before the day 
on which action is proposed to be taken therein. , 

18. The voters of each county shall elect a clerk of the circuit 
court, whose term of office shall be six years; his duties and 
compensation and the manner of removing him from office shall 
be prescribed by law, and when a vacancy shall occur in the 
office, the circuit court or judge thereof, in vacation shall fill the 
same by appointment until the next general election. In any 
case in respect to which the clerk shall be so situated as to make 
it improper for him to act, the said court shall appoint a clerk to 
act therein. The clerks of said courts in office when this article 
takes effect, shall remain therein for the term for which they were 
elected, unless sooner removed in the manner prescribed by law. 

19. The Legislature may establish courts of limited jurisdiction 

* Salaries increased — see The Judicial Amendment, and chap. 23 of Acts 
1903. Salary Supreme Judge ^4500, and of Circuit Judge $3300. 


THE STATE OF WEST VIRGINIA 


305 


within any county, incorporated city, town or village, with the 
right of appeal to the circuit court, subject to such limitations as 
may be prescribed by law; and all courts of limited jurisdiction 
heretofore established in any county, incorporated city, town or 
village, shall remain as at present constituted until otherwise pro¬ 
vided by law. The municipal court of Wheeling shall continue 
in existence until otherwise provided by law, and said court and 
the judge thereof, shall exercise the powers and jurisdiction here¬ 
tofore conferred upon them; and appeals in civil cases from said 
court shall lie directly to the supreme court of appeals. 

20. No citizen of this State who aided or participated in the 
late war between the government of the United States and a part 
of the people thereof, on either side, shall be liable in any pro¬ 
ceeding, civil or criminal; nor shall his property be seized or sold 
under final process issued upon judgments or decrees heretofore 
rendered, or otherwise, because of any act done in accordance 
with the usages of civilized warfare in the prosecution of said war. 
The Legislature shall provide, by general laws, for giving full 
force and effect to this section. 

21. Such parts of the common law, and of the laws of this 
State as are in force when this article goes into operation, and 
are not repugnant thereto, shall be and continue the law of the 
State until altered or repealed by the Legislature. All civil and 
criminal suits and proceedings pending in the former circuit 
courts of the State, shall remain and be proceeded in before the 
circuit courts of the counties in which they were pending. 

COUNTY COURTS. 

22. There shall be in each county of the State a county court, 
composed of three commissioners, and two of said commissioners 
shall be a quorum for the transaction of business. It shall hold 
four regular sessions in each year, at such times as may be fixed 
upon and entered of record by the said court. Provision may be 
made by law for holding special sessions of said court. 

23. The commissioners shall be elected by the voters of the 
county, and hold their office for the term of six years, except at 
the first meeting of said commissioners they shall designate by 
lot, or otherwise, in such manner as they may determine, one of 
their number, who shall hold his office for the term of two years, 

Pet. C. Go. — 20 


306 constitution of west VIRGINIA 


one for four years and one for six years, so that one shall be 
elected every two years. But no two of said commissioners shall 
be elected from the same magisterial district. And if two 
or more persons residing in the same district shall receive the 
greater number of votes cast at any election, then only the one 
of such persons receiving the highest number shall be declared 
elected, and the person living in another district who shall re¬ 
ceive the next highest number of votes shall be declared elected. 
Said commissioners shall annually elect one of their number as 
president, and each shall receive two dollars per day for his 
services in court, to be paid out of the county treasury. 

24. The county courts, through their clerks, shall have the 
custody of all deeds and other papers presented for record in 
their counties, and the same shall be preserved therein, or other¬ 
wise disposed of, as now is or may be prescribed by law. They 
shall have jurisdiction in all matters of probate, the appointment 
and qualification of personal representatives, guardians, com¬ 
mittees, curators, and the settlement of their accounts, and in 
all matters relating to apprentices. They shall also, under such 
regulations as may be prescribed by law, have the superintend¬ 
ence and administration of the internal and police and fiscal 
affairs of their counties, including the establishment and regu¬ 
lation of roads, ways, bridges, public landings, ferries and mills, 
with authority to lay and disburse the county levies; Provided^ 
That no license for the sale of intoxicating liquors in any incor¬ 
porated city, town or village, shall be granted without the consent 
of the municipal authorities thereof, first had and obtained. 
They shall, in all cases of contest, judge of the election, quali¬ 
fication and returns of their own members, and of all county and 
district officers, subject to such regulations, by appeal or other¬ 
wise, as may be prescribed by law. Such courts may exercise 
such other powers, and perform such other duties, not of a ju¬ 
dicial nature, as may be prescribed by law. And provision may 
be made, under such regulations as may be prescribed by law, for 
the probate of wills and for the appointment and qualification of 
personal representatives, guardians, committees and curators dur¬ 
ing the recesses of the regular sessions of the county court. Such 
tribunals as have been heretofore established by the Legislature 
under and by virtue of the thirty-fourth section of the eighth 
article of the Constitution of one thousand eight hundred and 


THE STATE OF WEST VIRGINIA 


307 


seventy-two for police and fiscal purposes, shall, until otherwise 
provided by law, remain and continue as at present constituted 
in the counties in which they have been respectively established, 
and shall be and act as to police and fiscal matters in lieu of the 
county court created by this article until otherwise provided by 
law. And, until otherwise provided by law, such clerk as is men¬ 
tioned in the twenty-sixth section of this article, shall exercise 
any powers and discharge any duties heretofore conferred on, or 
required of, any court or tribunal established for judicial pur¬ 
poses under the said article and section of the Constitution of 
one thousand eight hundred and seventy-two, or the clerk of 
such court or tribunal respectively, respecting the recording and 
preservation of deeds and other papers presented for record, 
matters of probate, the appointment and qualification of per¬ 
sona^ .epresentatives, guardians, committees, curators and the 
settlement of their accounts, and in all matters relating to 
apprentices. 

25. All actions, suits and proceedings not embraced in the 
next preceding section, pending in a county court when this 
article takes effect, together with the records and papers pertain¬ 
ing thereto, as well as all records and papers pertaining to such 
actions, suits and proceedings, as have already been disposed of 
by said courts, shall be transmitted to and filed with the clerk of 
the circuit court of the county, to which office all process out¬ 
standing at the time this article goes into operation shall be 
returned; and said clerk shall have the same power and shall 
perform the same duties in relation to such records, papers and 
proceedings as were vested in and required of the county court 
on the day before this article shall take effect. All such actions, 
suits and proceedings so pending as aforesaid, shall be docketed, 
proceeded in, tried, heard and determined in all respects by the 
circuit court, as if such suits and proceedings had originated in 
said court. 

26. The voters of each county shall elect a clerk of the county 
court, whose term of office shall be six years. His duties and 
compensations and the manner of his removal shall be pre¬ 
scribed by law. But the clerks of said courts, now in office, shall 
remain therein for the term for which they have been elected, 
unless sooner removed therefrom, in the manner prescribed by 
law. 


308 constitution of west VIRGINIA 


27. Each county shall be laid off into districts, not less than 
three or more than ten in number, and as nearly equal as may be 
in territory and population. There shall be elected in each dis¬ 
trict containing a population not exceeding twelve hundred, one 
justice of the peace, and if the population exceeds that number, 
two justices shall be elected therein. Every justice shall reside 
in the district for which he was elected and hold his office for the 
term of four years, unless sooner removed in the manner pre¬ 
scribed by law. The districts as they now exist shall remain till 
changed by the county court. 

28. The civil jurisdiction of a justice of the peace shall extend 
to the actions of assumpsit, debt, detinue and trover, if the 
amount claimed, exclusive of interest, does not exceed three 
hundred dollars. The jurisdiction of justices of the peace shall 
extend throughout their county; they shall be conservators of 
the peace and have such jurisdiction and powers in criminal 
cases as may be prescribed by law. And justices of the peace 
shall have authority to take the acknowledgment of deeds and 
other writings; administer oaths; and take and certify deposi¬ 
tions. And the Legislature may give to justices such additional 
civil jurisdiction and powers within their respective counties as 
may be deemed expedient, under such regulations and restrictions 
as may be prescribed by general law, except that in suits to 
recover money or damages their jurisdiction and powers shall in 
no case exceed three hundred dollars. Appeals shall be allowed 
from judgments of justices of the peace in such manner as may 
be prescribed by law. 

29. The Legislature shall, upon the application of any county, 
reform, alter or modify the county court established by this article 
in such county, and in lieu thereof, with the assent of a majority 
of the voters of such county voting at an election create another 
tribunal for the transaction of the business required to be per¬ 
formed by the county court created by this article; and in such 
case all the provisions of this article in relation to the county 
court shall be applicable to the tribunal established in lieu of said 
court. And when such tribunal has been established it shall con¬ 
tinue to act in lieu of the county court until otherwise provided 
by law. 

30. The office of commissioner and justice of the peace shall be 
deemed incompatible. Vacancies in the office of commissioner. 


THE STATE OE WEST VIRQ/HIA 


309 


clerk of the county court and justices of the peace shall be filled 
by the county court of the county until the next general elec¬ 
tion. 


ARTICLE IX 

COUNTY ORGANIZATION. 

1. The voters of each county shall elect a Surveyor of Lands, 
a Prosecuting Attorney, a Sheriff, and one and not more than two 
Assessors, who shall hold their respective offices for the term of 
four years. 

2. There shall also be elected in each district of the county, by 
the voters thereof, one constable, and if the population of any 
district shall exceed twelve hundred, an additional constable, 
whose term of office shall be four years, and whose powers as such 
shall extend throughout their county. The assessor shall, with 
the advice and consent of the county court have the power to 
appoint one or more assistants. Coroners, overseers of the poor 
and surveyors of roads shall be appointed by the county court. 
The foregoing officers, except the prosecuting attorneys, shall 
reside in the county and district for which they shall be respec¬ 
tively elected. 

3. The same person shall not be elected sheriff for two con¬ 
secutive full terms; nor shall any person who acted as his deputy 
be elected successor to such sheriff, nor shall any sheriff act as 
deputy of his successor; nor shall he during his term of service, 
or within one year thereafter, be eligible to any other office. The 
retiring sheriff shall finish all business remaining in his hands, at 
the expiration of his term ; for which purpose his commission and 
official bond shall remain in force. The duties of the office of 
sheriff shall be performed by him in person, or under his superin¬ 
tendence. 

4. The presidents of the county courts, the justices of the 
peace, sheriffs, prosecuting attorneys, clerks of the circuit and of 
the county courts, and all other county officers, shall be subject 
to indictment for malfeasance, misfeasance, or neglect of official 
duty, and upon conviction thereof their offices shall become 
vacant. 

5. The Legislature shall provide for commissioning such of the 
officers herein mentioned, as it may deem proper, not provided 


310 CONSTITUTION OF WEST VIRGINIA 


for in this Constitution, and may require any class of them to give 
bond with security for the faithful discharge of the duties of their 
respective offices. 

6. It shall further provide for the compensation, the duties and 
responsibilities of such officers, and may provide for the appoint¬ 
ment of their deputies and assistants by general law. 

7. The president of the county court and every justice and 
constable shall be a conservator of the peace throughout his 
county. 

8. No new county shall hereafter be formed in this State with 
an area of less than four hundred square miles ; nor with a popu¬ 
lation of less than six thousand; nor shall any county, from 
which a new county, or part thereof, shall be taken, be reduced 
in area below four hundred square miles, nor in population below 
six thousand. Nor shall a new county be formed without the 
consent of a majority of the voters residing within the boundaries 
of the proposed new county, and voting on the question. 

ARTICLE X. 

TAXATION AND FINANCE. 

1. Taxation shall be equal and uniform throughout the State, 
and all property, both real and personal, shall be taxed in pro¬ 
portion to its value, to be ascertained as directed by law. No 
one species of property, from which a tax may be collected, shall 
be taxed higher than any other species of property of equal value ; 
but property used for educational, literary, scientific, religious or 
charitable purposes; all cemeteries and public property may, by 
law, be exempted from taxation. The Legislature shall have power 
to tax, by uniform and equal laws, all privileges and franchises of 
persons and corporations. 

2. The Legislature shall levy an annual capitation tax of one 
dollar upon each male inhabitant of the State who has attained 
the age of twenty-one years, which shall be annually appropriated 
to the support of free schools. Persons afflicted with bodily in¬ 
firmity may be exempted from this tax. 

3. No money shall be drawn from the treasury but in pur¬ 
suance of an appropriation made by law, and on a warrant issued 
thereon by the Auditor; nor shall any money or fund be taken 
for any other purpose than that for which it has been or may be 


THE STATE OF WEST V/RGIHIA 


311 

appropriated, or provided. A complete and detailed statement of 
the receipts and expenditures of the public moneys, shall be pub¬ 
lished annually. 

4. No debt shall be contracted by this State, except to meet 
casual deficits in the revenue, to redeem a previous liability of the 
State, to suppress insurrection, repel invasion or defend the State 
in time of war; but the payment of any liability other than that 
for the ordinary expenses of the State, shall be equally distributed 
over a period of at least twenty years. 

5. The power of taxation of the Legislature shall extend to 
provisions for the payment of the State debt, and interest thereon, 
the support of free schools, and the payment of the annual 
estimated expenses of the State ; but whenever any deficiency in 
the revenue shall exist in any year, it shall, at the regular session 
thereof held next after the deficiency occurs levy a tax for the 
ensuing year, sufficient with other sources of income, to meet 
such deficiency, as well as the estimated expenses of such 
year. 

6. The credit of the State shall not be granted to, or in aid of 
any county, city, township, corporation or person; nor shall the 
State ever assume, or become responsible for the debts or liabili¬ 
ties of any county, city, township, corporation or person ; nor shall 
the State ever hereafter become the joint owner, or stockholder 
in any company or association in this State or elsewhere, formed 
for any purpose whatever. 

7. County authorities shall never assess taxes, in any one year, 
the aggregate of which shall exceed ninety-five cents per one 
hundred dollars valuation ; except for the support of free schools ; 
payment of indebtedness existing at the time of the adoption of 
this Constitution, and for the payment of any indebtedness with 
the interest thereon, created under the succeeding section, unless 
such assessment, with all questions involving the increase of such 
aggregate shall have been submitted to the vote of the people of 
the county, and have received three-fifths of all the votes cast for 
and against it. 

8. No county, city, school district, or municipal corporation, 
except in cases where such corporations have already authorized 
their bonds to be issued, shall hereafter be allowed to become in¬ 
debted, in any manner, or for any purpose, to an amount, including 
existing indebtedness, in the aggregate, exceeding five per centum 


312 CONSTITUTION OF WEST VIRGINIA 


on the value of the taxable property therein to be ascertained 
by the last assessment for State and county taxes, previous to the 
incurring of such indebtedness; nor without, at the same time, 
providing for the collection of a direct annual tax, sufficient to 
pay, annually, the interest on such debt, and the principal thereof, 
within, and not exceeding thirty-four years ; Provided^ That no 
debt shall be contracted under this section, unless all questions 
connected with the same shall have been first submitted to a vote 
of the people, and have received three-fifths of all the votes cast 
for and against the same. 

9. The Legislature may, by law, authorize the corporate au¬ 
thorities of cities, towns and villages, for corporate purposes, to 
assess and collect taxes ; but such taxes shall be uniform, with 
respect to persons and property within the jurisdiction of the 
authority imposing the same. 

ARTICLE XL 

CORPORATIONS. 

1. The Legislature shall provide for the organization of all 
corporations hereafter to be created, by general laws, uniform as 
to the class to which they relate, but no corporation shall be 
created by special law; Provided^ That nothing in this section 
contained, shall prevent the Legislature from providing by special 
laws for the connection, by canal, of the waters of the Chesapeake 
with the Ohio river by line of the JaTnes river, Greenbrier, New 
river and Great Kanawha. 

2. The stockholders of all corporations and joint stock com¬ 
panies, except banks and banking institutions, created by laws of 
this State, shall be liable for the indebtedness of such corporations 
to the amount of their stock subscribed and unpaid, and no 
more. 

3. All existing charters or grants of special or exclusive privi¬ 
leges under which organization shall not have taken place, or 
which shall not have been in operation within two years from the 
time this Constitution takes effect, shall thereafter have no validity 
or effect whatever; Provided^ That nothing herein shall prevent 
the execution of any bona fide contract heretofore lawfully made 
in relation to any existing charter or grant in this State. 

4. The Legislature shall provide by law that in all elections 


THE STATE OF WEST VIRGINIA 


313 


for directors or managers of incorporated companies, every stock¬ 
holder shall have the right to vote, in person or by proxy, for the 
number of shares of stock owned by him, for as many persons as 
there are directors or managers to be elected, or to cumulate said 
shares, and give one candidate as many votes as the number of 
directors multiplied by the number of his shares of stock, shall 
equal, or to distribute them on the same principle among as many 
candidates as he shall think fit, and such directors or managers 
shall not be elected in any other manner. 

5. No law shall be passed by the Legislature, granting the right 
to construct and operate a street railroad within any city, town or 
incorporated village, without requiring the consent of the local 
authorities having the control of the street or highway, proposed 
to be occupied by such street railroad. 

BANKS. 

6. The Legislature may provide, by a general banking law, for 
the creation and organization of banks of issue or circulation, but 
the stockholders of any bank hereafter authorized by the laws of 
this State, whether of issue, deposit or discount, shall be person¬ 
ally liable to the creditors thereof, over and above the amount of 
stock held by them respectively to an amount equal to their re¬ 
spective shares so held, for all its liabilities accruing while they 
are such stockholders. 


RAILROADS. 

7. Every railroad corporation organized or doing business in 
this State shall annually by their proper officers, make a report 
under oath, to the auditor of public accounts of this State, or 
some officer to be designated by law, setting forth the condition 
of their affairs, the operations of the year, and such other matters 
relating to their respective railroads as may be prescribed by law. 
The Legislature shall pass laws enforcing by suitable penalties the 
provisions of this section. 

8. The rolling stock and all other movable property belonging 
to any railroad company or corporation in this State shall be 
considered personal property and shall be liable to execution and 
sale in the same manner as the personal property of individuals; 
and the Legislature shall pass no law exempting any such prop¬ 
erty from execution and sale. 


314 CONSTITUTION OF WEST VIRGINIA 


9. Railoads heretofore constructed, or that may hereafter be 
constructed in this State, are hereby declared public highways 
and shall be free to all persons for the transportation of their 
persons and property thereon, under such regulations as shall be 
prescribed by law; and the Legislature shall, from time to time, 
pass laws, applicable to all railroad corporations in the State, es¬ 
tablishing reasonable maximum rates of charges for the transpor¬ 
tation of passengers and freight and providing for the correction 
of abuses, the prevention of unjust discriminations between through 
and local or way freight and passenger tariffs, and for the pro¬ 
tection of the just rights of the public, and shall enforce such laws 
by adequate penalties. 

10. The Legislature shall, in the law regulating railway com¬ 
panies, require railroads running through, or within half a mile of 
a town or village, containing three hundred or more inhabitants, 
to establish stations for the accommodation of trade and travel of 
said town or village. 

11. No railroad corporation shall consolidate its stock, property 
or franchise with any other railroad owning a parallel or compet¬ 
ing line, or obtain the possession or control of such parallel or 
competing line by lease or other contract, without the permission 
of the Legislature. 

12. The exercise of the power and the right of eminent do¬ 
main shall never be so construed or abridged as to prevent the 
taking, by the Legislature of the property and franchises of incor¬ 
porated companies already organized, and subjecting them to the 
public use, the same as of individuals. 

ARTICLE XII. 

EDUCATION. 

1. The Legislature shall provide, by general law, for a thorough 
and efficient system of free schools. 

2. The State Superintendent of Free Schools shall have a gen¬ 
eral supervision of free schools, and perform such other duties in 
relation thereto as may be prescribed by law. If in the perform¬ 
ance of any such duty imposed upon him by the Legislature he 
shall incur any expenses, he shall be reimbursed therefor; P?'o. 
vicied, the amount does not exceed five hundred dollars in any 
one year. 


THE STATE OF IVEST V/RC/NIA 


315 


3. The Legislature may provide for county superintendents 
’and such other officers as may be necessary to carry out the 
objects of this article and define their duties, powers and com¬ 
pensation. 

4. [This section is modified by the Irreducible School Fund 
Amendment.] The existing permanent and invested school fund, 
and all money accruing to this State from forfeited, delinquent, 
waste and unappropriated lands; and from lands heretofore sold 
for taxes and purchased by the State of Virginia, if hereafter 
redeemed or sold to others than this State; all grants, devises or 
bequests that may be made to this State, for the purposes of edu¬ 
cation or where the purposes of such grants, devises or bequests 
are not specified; this State’s just share of the literary fund of 
Virginia, whether paid over or otherwise liquidated; and any 
sums of money, stocks or property which this State shall have the 
right to claim from the State of Virginia for educational purposes ; 
the proceeds of the estates of persons who may die without leaving 
a will or heir, and of all escheated lands; the proceeds of any 
taxes that may be levied on the revenues of any corporations ; all 
moneys that may be paid as an equivalent for exemption from 
military duty; and such sums as may from time to time be ap¬ 
propriated by the Legislature for the purpose, shall be set apart 
as a separate fund to be called the “School Fund,” and invested 
under such regulations as may be prescribed by law, in the in¬ 
terest bearing securities of the United States, or of this State, or 
if such interest bearing securities cannot be obtained, then said 
“ School Fund ” shall be invested in such other solvent, interest 
bearing securities as shall be approved by the Governor, Superin¬ 
tendent of Free Schools, Auditor and Treasurer, who are hereby 
constituted the “ Board of the School Fund,” to manage the same 
under such regulations as may be prescribed by law; and the 
interest thereof shall be annually applied to the support of free 
schools throughout the State, and to no other purpose whatever. 
But any portion of said interest remaining unexpended at the 
close of a fiscal year shall be added to and remain a part of the 
capital of the “School Fund.” Provided, That all taxes which 
shall be received by the State upon delinquent lands, except the 
taxes due to the State thereon, shall be refunded to the county 
or district by or for which the same were levied. 

5. The Legislature shall provide for the support of free schools 


3i6 constitution of west VIRGINIA 


by appropriating thereto the interest of the invested “ School 
Fund,” the net proceeds of all forfeitures and fines accruing to 
this State under the laws thereof; the State capitation tax, and 
by general taxation of persons and property or otherwise. It 
shall also provide for raising in each county or district, by the 
authority of the people thereof, such a proportion of the amount 
required for the support of free schools therein as shall be pre¬ 
scribed by general laws. 

6. The school districts into which any county is now divided 
shall continue until changed in pursuance of law. 

7. All levies that may be laid by any county or district for the 
purpose of free schools shall be reported to the clerk of the county 
court; and shall, under such regulations as may be prescribed by 
law, be collected by the sheriff or other collector, who shall make 
annual settlement with the county court; which settlement shall 
be made a matter of record by the clerk thereof, in a book to be 
kept for that purpose. 

8. White and colored persons shall not be taught in the same 
school. 

9. No person connected with the free school system of the 
State, or with any educational institution of any name or grade 
under State control, shall be interested in the sale, proceeds or 
profits of any book or other thing used, or to be used therein, 
under such penalties as may be prescribed by law: Provided, 
That nothing herein shall be construed to apply to any work 
written, or thing invented, by such person. 

10. No independent free school district, or organization shall 
hereafter be created, except with the consent of the scliool dis¬ 
trict or districts out of which the same is to be created, expressed 
by a majority of the voters voting on the question. 

11. No appropriation shall hereafter be made to any State 
normal school, or branch thereof, except to those already estab¬ 
lished and in operation, or now chartered. 

12. The Legislature shall foster and encourage moral, intellect¬ 
ual, scientific and agricultural improvement; it shall, whenever it 
may be practicable, make suitable provision for the blind, mute 
and insane, and for the organization of such institutions of learn¬ 
ing as the best interests of general education in the State may 
demand. 


THE STATE OF WEST VIRGINIA 


317 


ARTICLE XIII. 

LAND TITLES. 

1. All private rights and interests in lands in this State de¬ 
rived from or under the laws of the State of Virginia,and from or 
under the constitution and laws of this State prior to the time 
this constitution goes into operation, shall remain valid and 
secure and shall be determined by the laws in force in Virginia, 
prior to the formation of this State, and by the constitution and 
laws in force in this State prior to the time this constitution goes 
into effect. 

2. No entry by warrant on land in this State shall hereafter be 
made. 

3. All title to lands in this State heretofore forfeited, or 
treated as forfeited, waste and unappropriated, or escheated to 
the State of Virginia or this State, or purchased by either of said 
States at sales made for the non-payment of taxes and become 
irredeemable, or hereafter forfeited, or treated as forfeited, or 
escheated to this State, or purchased by it and become irredeem¬ 
able, not redeemed, released or otherwise disposed of, vested and 
remaining in this State, shall be, and is hereby transferred to, 
and vested in any person (other than those for whose default the 
same may have been forfeited or returned delinquent, their heirs 
or devisees), for so much thereof as such person has, or shall 
have had actual continuous possession of, under color or claim of 
title for ten years, and who, or those under whom he claims, shall 
have paid the State taxes thereon for any five years during such 
possession; or if there be no such person, then to any person 
(other than those for whose default the same may have been for¬ 
feited, or returned delinquent, their heirs or devisees), for so 
much of said land as such person shall have title or claim to, 
regularly derived, mediately or immediately from, or under a grant 
from the Commonwealth of Virginia or this State, not forfeited, 
which but for the title forfeited would be valid, and who, or those 
under whom he claims has, or shall have paid all State taxes 
charged or chargeable thereon for five successive years, after the 
year 1865, or from the date of the grant, if it shall have issued 
since that year; or if there be no such person, as aforesaid, then 
to any person (other than those for whose default the same may 
have been forfeited, or returned delinquent, their heirs and de- 


3 i 8 constitution of west VIRGINIA 


visees,) for so much of said land as such person shall have had 
claim to and actual continuous possession of, under color of title 
for any five successive years after the year 1865, and have paid 
all State taxes charged or chargeable thereon for said period. 

4. All lands in this State, waste and unappropriated, or here¬ 
tofore or hereafter for any cause forfeited, or treated as for¬ 
feited, or escheated to the State of Virginia, or this State, or 
purchased by either and become irredeemable, not redeemed, 
released, transferred or otherwise disposed of, the title whereto 
shall remain in this State till such sale as is hereinafter mentioned 
be made, shall by proceedings in the circuit court of the county 
in which the lands, or a part thereof, are situated, be sold to the 
highest bidder. 

5. The former owner of any such land shall be entitled to 
receive the excess of the sum for which the land may be sold 
over the taxes charged and chargeable thereon, or which, if the 
land has not been forfeited, would have been charged or charge¬ 
able thereon, since the formation of this State, with interest at the 
rate of twelve per centum per annum, and the costs of the pro¬ 
ceedings, if his claim be filed in the circuit court that decrees the 
sale, within two years thereafter. 

6. It shall be the duty of every owner of land to have it entered 
on the land books of the county in which it, or part of it, is 
situated, and to cause himself to be charged with the taxes 
thereon, and pay the same. When for any five successive years 
after the year 1869, the owner of any tract of land containing one 
thousand acres or more, shall not have been charged on such 
books with State tax on said land, then by operation hereof, the 
land shall be forfeited and the title thereto vest in the State. 
Rut if, for any one or more of such five years, the owner shall 
have been charged with State tax on any part of the land, such 
part thereof shall not be forfeited for such cause. And any 
owner of land so forfeited, or of any interest therein at the time 
of the forfeiture thereof, who shall then be an infant, married 
woman, or insane person, may, until the expiration of three years 
after the removal of such disability, have the land, or such interest 
charged on such books, with all State and other taxes that shall 
be, and but for the forfeiture would be, chargeable on the land, 
or interest therein for the year 1863, and every year thereafter 
with interest at the rate of ten per centum per annum ; and pay 


THE STATE OF WEST VIRG/mA 


319 


all taxes and interest thereon for all such years and thereby 
redeem the land or interest therein. Provided^ Such right to 
redeem shall in no case extend beyond twenty years from the 
time such land was forfeited. 

ARTICLE XIV. 

AMENDMENTS. 

No. I. No convention shall be called, having the authority to 
alter the Constitution of the State, unless it be in pursuance of a 
law, passed by the affirmative vote of a majority of the members 
elected to each House of the Legislature and providing that polls 
shall be opened throughout the State, on the same day therein 
specified, which shall not be less than three months after the 
passage of such law, for the purpose of taking the sense of the 
voters on the question of calling a convention. And such con¬ 
vention shall not be held unless a majority of the votes cast at 
such polls be in favor of calling the same ; nor shall the members 
be elected to such convention until, at least, one month after the 
result of the vote shall be duly ascertained, declared and pub¬ 
lished. And all acts and ordinances of the said convention shall 
be submitted to the voters of the State for ratification or rejection, 
and shall have no validity whatever until they are ratified. 

2. Any amendment to the Constitution of the State may be 
proposed in either House of the Legislature; and if the same, 
being read on three several days in each House, be agreed to on 
its third reading, by two-thirds of the members elected thereto, 
the proposed amendment, with the yeas and nays thereon, shall 
be entered on the journals, and it shall be the duty of the Legis¬ 
lature to provide by law, for submitting the same to the voters of , 
the State for ratification or rejection at the next general election 
thereafter, and cause the same to be published at least three 
months before such election in some newspaper in every county 
in which a newspaper is printed. And if a majority of the quali¬ 
fied voters, voting on the question at the polls held pursuant to 
such law, ratify the proposed amendment, it shall be in force 
from the time of such ratification, as part of the Constitution of 
the State. If two or more amendments be submitted at the same 
time, the vote on the ratification or rejection shall be taken on 
each separately. 


320 CONSTITUTION OF WEST VIRGINIA 

AMENDMENTS TO THE CONSTITUTION. 

The Judicial A 7 ne 7 idmetit. 

[Ratified in November, 1902.] 

That the following be proposed as an amendment to the Con¬ 
stitution of this State: 

The Supreme Court of Appeals shall consist of five judges. 
Those judges in office when this amendment takes effect shall 
continue in office until their terms shall expire, and the Legisla¬ 
ture shall provide for the election of an additional judge of said 
court at the next general election, whose term shall begin on the 
first day of January, one thousand nine hundred and five, and the 
Governor shall, as for a vacancy, appoint a judge of said court to 
hold office until the first day of January, one thousand nine hun¬ 
dred and five. The judges of the supreme court of appeals and 
of the circuit courts shall receive such salaries as shall be fixed 
by law, for those now in or those hereafter to come into office. 

The Irreducible School Fund A 77 ie 7 id 7 nent. 

[Ratified in November, 1902.] 

That the following be proposed as an amendment to the Con¬ 
stitution of the State; 

The accumulation of the school fund provided for in section 
four of article twelve, of the Constitution of this State, shall cease 
upon the adoption of this amendment, and all money to the 
credit of said fund over one million of dollars, together with the 
interest on said fund, shall be used for the support of the free 
schools of this State. All money and taxes heretofore payable 
into the treasury under the provision of the said section four, to 
the credit of the school fund, shall be hereafter paid into the 
treasury to the credit of the general school fund for the support 
of the free schools of the State. 









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